Bankruptcy FAQ
Plain-language answers are a starting point—not a case decision.
Bankruptcy outcomes depend on the chapter, debt type, property, income, prior cases and timing. Use these answers to prepare better questions.
Common Questions
Frequently asked bankruptcy questions
These are general answers. Your rights and options depend on your specific facts and current law.
What is the difference between Chapter 7 and Chapter 13?
Chapter 7 may discharge qualifying debts through a liquidation framework, while Chapter 13 uses a court-supervised repayment plan. Eligibility, property and goals affect the choice.
Will bankruptcy eliminate all of my debt?
No. Some debts may survive, receive priority treatment or require separate litigation. Each debt should be classified and reviewed.
Will I lose my home, car or retirement account?
Not automatically. Equity, exemptions, payment status, chapter and the type of asset all matter.
Can I file without my spouse?
Sometimes. Household income and joint property or debts may still affect the analysis.
Does bankruptcy stop foreclosure?
A filing may pause certain proceedings, but timing, prior filings, stay relief and the ability to address ongoing obligations matter.
Does bankruptcy stop wage garnishment?
The automatic stay may affect many garnishments, subject to exceptions and timing. Bring the order and case information to a prompt consultation.
Will everyone know I filed?
Bankruptcy is a public court proceeding, but how often others encounter the record varies.
How will bankruptcy affect my credit?
A filing can affect credit, while existing late payments and high balances may already be affecting it. Long-term recovery differs by person.
Can I repay relatives before filing?
Do not make unusual payments or transfers without advice. Transactions involving insiders may receive special scrutiny.
When should I speak with an attorney?
Before a foreclosure sale, garnishment, major transfer, retirement withdrawal or other irreversible step—and promptly after receiving court papers.
Learn More
Review the issue closest to your situation.
These pages provide general orientation. A consultation is needed to apply the rules to your facts.
Eligibility
See which income, property, debt and filing-history questions can influence eligibility.
Review eligibility →Costs
Understand which components and case details may affect total bankruptcy costs.
Review cost factors →Process
Follow the general sequence from consultation and preparation through the case outcome.
Review the process →Turn general questions into a case-specific plan.
Request a free consultation with attorney Conwade D. Lewis.