Can I Afford It

Can I afford to file for bankruptcy?

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When is this due?
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Since filing for bankruptcy is a one-time cost even though its effects last for years, your estimate weighs the filing cost you enter against roughly three months of your budget rather than a single month's income, since that's closer to how a cost like this actually gets absorbed.

These key factors affect bankruptcy filing affordability

Chapter 7 versus Chapter 13

Chapter 7 liquidates non-exempt assets to discharge most unsecured debt within a few months and typically costs $1,000 to $1,500 in attorney and court fees, while Chapter 13 sets up a three- to five-year repayment plan and often costs $3,000 to $4,000, usually paid through the plan itself. Which one you qualify for depends on a means test comparing your income to your state's median.

How it affects your credit

A Chapter 7 bankruptcy stays on your credit report for 10 years and Chapter 13 for 7 years, and your score typically drops sharply right after filing. Many people are able to rebuild to a fair or good score within two to three years by using credit responsibly afterward, since lenders know the bankruptcy at least clears out the debt that caused the damage.

What debt actually gets discharged

Credit card balances, medical bills, and most personal loans are typically dischargeable, but student loans, most tax debt, child support, and alimony generally are not. It's worth confirming which of your specific debts would actually be wiped out before deciding filing costs are worth it.

How to use your results

  • Compare the filing cost to how much debt would actually be discharged, not just your total balances
  • Factor in the required credit counseling course, which is a prerequisite for filing
  • Consider the ongoing cost of a Chapter 13 repayment plan, not just the upfront filing fee

Ways to make filing for bankruptcy more affordable

  • Check for free or reduced-fee legal aid clinics that handle bankruptcy filings for low-income filers
  • Ask attorneys about flat-fee arrangements instead of hourly billing
  • Complete the mandatory credit counseling course through an approved low-cost agency
  • Compare the total cost of filing against alternatives like a debt management plan or negotiated settlements

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