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Bankruptcy Chapter 7 vs 13 in the USA – what it covers, costs, how to choose (2026)

Bankruptcy in the USA is a legal path to eliminate debts – federal law guarantees a 'fresh start'. The two main types for individuals are Chapter 7 (liquidation, 3-4 months, discharge in 100-120 days, most unsecured debts wiped out – credit cards, medical bills, personal loans) and Chapter 13 (reorganization, 3-5 year payment plan, keep assets). The means test determines eligibility for Chapter 7 (below state median income). Costs: filing fee $338 (Ch7) or $313 (Ch13), attorney $1,500-3,500 (Ch7), $3,500-7,000 (Ch13). What is NOT dischargeable: student loans (rarely), tax debt < 3 years, child support/alimony, criminal fines, fraud debts. Impact on credit: Chapter 7 stays for 10 years, Chapter 13–7 years on credit report. Most rebuild their score in 1-2 years after discharge.

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