Discharge — Bankruptcy Filing Made Clear

Discharge

Checklist

Bankruptcy Practice · Middle District · Est. 2011

I answered the phone again on a Tuesday. I hadn't done that in two years.
— R.M., Chapter 7 · Filed February 2024

A practice that has guided 2,400+ Middle District filings since 2011.

Chapter 7 · Chapter 13 · Adversary Proceedings · Reaffirmation Agreements

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Your questions, answered below

Chapter I

Will I lose my house?

In most Chapter 13 cases, you keep your home. Chapter 13 is specifically designed for homeowners who are behind on a mortgage — it lets you repay the arrears over three to five years through a court-confirmed plan while staying current on your regular payment going forward. The moment your petition is filed, the automatic stay stops any foreclosure proceeding already in motion, giving you time to reorganize without the sheriff at the door.

Chapter 7 is more nuanced. If you are current on your mortgage and your equity falls within your state's homestead exemption, most filers keep their homes in Chapter 7 as well. The trustee has no interest in a house where there is no non-exempt equity to distribute to creditors. We review your equity position and exemption availability in the first conversation — so you know exactly where you stand before a single document is filed.

"We hadn't slept a full night in eight months. The week after we filed, we both slept through until morning."

Chapter II

Can they still garnish my wages after I file?

No. The automatic stay is one of the most powerful tools in bankruptcy law, and it takes effect the instant your petition hits the court's docket — not when your employer gets a letter, not when the creditor's attorney processes paperwork. Your employer is legally prohibited from continuing any garnishment the moment the case is filed. If a garnishment continues after filing, the creditor is in violation of a federal court order and can be sanctioned.

For wages already garnished in the 90 days before filing, Chapter 7 may allow you to recover those funds as a preferential transfer if the amount exceeds a threshold — another reason the timing of your filing matters. We calculate your optimal filing date as part of the intake review, because a few days' difference can mean real money back in your account.

"I got my full paycheck on Friday. I didn't know what to do with it — I just stared at the deposit notification for a long time."

Chapter III

What actually happens at the 341 meeting of creditors?

The 341 meeting — named for the section of the Bankruptcy Code that requires it — is almost always the only court appearance required in a consumer case. It is not held before a judge; it is conducted by the case trustee, typically in a conference room or, increasingly, by phone. The trustee asks you to confirm your identity, swear an oath, and answer a short list of standard questions about your petition: Do these schedules accurately reflect your assets and income? Did you list all your creditors? Have you filed bankruptcy before? The entire proceeding usually takes five to eight minutes.

Creditors have the right to attend and ask questions, but in the vast majority of consumer cases, none appear. You will be prepared in advance — we review every line of your petition with you before the meeting so there are no surprises. Clients who come in dreading the 341 almost universally describe it as the anticlimactic moment they realized it was already over.

Practical next step

Download the Filing Checklist.

A plain-language list of every document you'll need — income records, property schedules, creditor statements — organized by the order you'll gather them. No account required. One email, one PDF.

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Three questions

See which chapter fits your situation.

Answer three short questions — household size, debt range, and income — and we'll return a personalized chapter recommendation with a plain-language explanation. No phone number. No obligation.

"The desk was clean. Every number had a place. I understood, for the first time in two years, exactly what was going to happen next."

Ready to put a number to every fear on that list?

No retainer required to start the conversation.

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