What About Secured Debt?
A secured debt is tied to something physical, like your house or your car. The lender holds the item as collateral. If you want to keep your property, you usually need to keep making payments.
If you stop paying, the lender can take it back even if the rest of the debt gets wiped in your Chapter 7 case.
So you’ll want to decide: Can I afford these mortgage payments? Do I want to keep this car?
If not, Chapter 7 bankruptcy might help you walk away without owing more on it.
Some debts, like student loan debt, are not easily wiped out in Chapter 7. Learn more about how we handle student loan debt and your options.
What Happens When You File Chapter 7?
Once you file Chapter 7 bankruptcy, the bankruptcy court orders something called an automatic stay. That stops collectors from:
- Garnishing your wages
- Calling you
- Sending letters
- Suing you
The bankruptcy court steps in and says, “Hold up. Let’s sort this out.” Then, a bankruptcy trustee is appointed to your case. Their job is to review your paperwork and manage any assets that could be sold.
Don’t worry—most Chapter 7 bankruptcy filers don’t lose anything. The law protects things like your basic household goods and your main vehicle.
What About the Means Test?
Not everyone can file Chapter 7 bankruptcy. There’s a rule called the means test. It looks at what your income is and compares it to the average in your state. If you make it below the limit, you’re good.
If your income is higher, you may have to go with Chapter 13 bankruptcy instead. That means setting up a plan for repayment. The means test is one of the first things your bankruptcy attorney will check.
Will I Have to Go to Court?
Yes, you have to—but it’s not like what you see on TV. You’ll go to a short meeting called a 341 meeting. It’s run by the bankruptcy trustee, not a bankruptcy judge. They’ll ask you a few questions about your paperwork. If everything checks out, that’s it. You’ll generally get your Chapter 7 discharge after a few months.
What Happens After the Chapter 7 Discharge?
Once you receive a discharge, your legal responsibility to pay most of your debts ends. Good news, right? That means:
- No more worrying about that old credit card bill
- No more collection calls
- No more lawsuits
But remember—secured debts like a car loan still require payments if you want to keep your vehicle. And some debts, like child support, can’t be discharged. Still, it’s a huge weight lifted from your shoulders. You can start fresh and start building back your finances with peace of mind.