Get out of debt

Bankruptcy, explained honestly

The short answer

It's a legal reset for debt you can't pay.

  • Chapter 7 clears most unsecured debt in a few months.
  • Chapter 13 sets up a plan to repay part of it over 3 to 5 years.
  • It costs a court filing fee plus an attorney, though fee waivers and legal aid exist.
  • The catch: it stays on your file for 7 to 10 years and does not clear everything — most student loans, recent taxes, and child support stay.
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How bankruptcy works

You file a case with a federal court. The moment you do, an automatic stay kicks in. It stops collection calls and most lawsuits right away. That relief is immediate.

Chapter 7 discharges qualifying debt in a few months. Some property is protected by exemptions, so you often keep basics like your car and household goods. The rest is cleared.

Chapter 13 works differently. It reorganizes your debt into a repayment plan that runs 3 to 5 years. You pay what you can each month. What's left at the end is discharged.

Put a real number on it

7–10 yr
How long it stays on your file
a public record
~$1,500
Typical Chapter 7 attorney cost
plus the court filing fee
days
For the automatic stay to halt collections
not months

Illustrative example. Actual costs and results vary.

⚠ What it does not clear

Bankruptcy leaves some debt standing. Most student loans, recent tax debt, child support, and alimony survive it. The credit hit is real, and the filing is a public record.

But the automatic stay is genuine, immediate relief. And if you can't afford to file, fee waivers or legal aid can cover the cost.

✓ It fits if

  • You're insolvent, with no realistic path to pay.
  • You've weighed counseling and settlement first.
  • The reset outweighs the years on your file.

✕ Look elsewhere if

  • A manageable plan could clear the debt in a few years.
  • Most of what you owe is the kind it won't discharge.
  • A tighter budget could cover the balance.

Everything about bankruptcy

Getting help to file

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