What is the Open Bankruptcy Project?
The Open Bankruptcy Project is a nonprofit initiative that provides free, open-source bankruptcy data and educational resources. We analyze millions of federal court records to help debtors, attorneys, and researchers understand how bankruptcy actually works in practice.
Is PACER free to use?
PACER charges $0.10 per page for most court documents. However, users who incur less than $15 in charges per quarter are not billed. The Open Bankruptcy Project purchases court records and donates them to RECAP so they become permanently free for everyone.
What is RECAP and how does it help?
RECAP is a free browser extension and archive maintained by the Free Law Project. When someone accesses a PACER document, RECAP saves a copy that anyone can access for free afterward. We have contributed over 460 court documents to this archive.
How do I know if I qualify for bankruptcy?
Qualification depends on your income, debts, and assets. Chapter 7 requires passing a means test based on your state's median income. Chapter 13 is available to individuals with regular income whose debts fall below certain limits. Use our free screener at 1328f.com to check your eligibility.
What is the difference between Chapter 7 and Chapter 13?
Chapter 7 eliminates most unsecured debts in 3-4 months but may require surrendering non-exempt property. Chapter 13 reorganizes debts into a 3-5 year repayment plan, letting you keep your property while catching up on secured debts like mortgages and car loans.
Can I file bankruptcy without a lawyer?
Yes. Filing without a lawyer (pro se) is a legal right. About 10% of bankruptcy filers represent themselves. The process requires completing official forms, attending a 341 meeting, and completing credit counseling. Our resources at prosebankruptcy.org provide step-by-step guidance.
How much does bankruptcy cost?
Chapter 7 filing fees are $338 and Chapter 13 fees are $313. Attorney fees typically range from $1,000-$2,000 for Chapter 7 and $2,500-$5,000 for Chapter 13. Fee waivers are available for filers below 150% of the federal poverty guidelines.
Will bankruptcy stop creditor calls and lawsuits?
Yes. The moment you file, an automatic stay takes effect under 11 U.S.C. Section 362. This immediately stops most collection calls, lawsuits, wage garnishments, and foreclosure proceedings. Creditors who violate the stay can be held in contempt of court.
How long does bankruptcy stay on my credit report?
Chapter 7 bankruptcy remains on your credit report for 10 years from the filing date. Chapter 13 remains for 7 years. However, many filers see significant credit score improvement within 12-18 months of their discharge.
What debts cannot be discharged in bankruptcy?
Certain debts survive bankruptcy under 11 U.S.C. Section 523(a), including most tax debts, student loans (unless undue hardship is proven), child support, alimony, debts from fraud, and DUI-related damages. Visit 523a.org for a complete guide to nondischargeable debts.
What happens at the 341 meeting of creditors?
The 341 meeting is a brief hearing (usually 5-10 minutes) where the bankruptcy trustee asks you questions under oath about your finances and petition. Creditors may attend but rarely do. It is held about 30-45 days after filing.
Can I keep my house if I file bankruptcy?
In many cases, yes. Chapter 13 allows you to catch up on mortgage arrears over 3-5 years while keeping your home. In Chapter 7, your home is protected if your equity falls within your state's homestead exemption. Visit keepmyhouseinbankruptcy.com for state-specific guidance.
Can I keep my car if I file bankruptcy?
Usually yes. Most states have a vehicle exemption that protects some or all of your car's equity. In Chapter 13, you can keep your car while catching up on payments. In Chapter 7, you may need to reaffirm the loan. See keepmycarinbankruptcy.com for details.
What is a bankruptcy mill?
A bankruptcy mill is a high-volume law firm that processes large numbers of cases with minimal individual attention. Warning signs include difficulty reaching your attorney, missed deadlines, and cookie-cutter filings. Learn more at bankruptcymill.org.
How do I find a good bankruptcy lawyer?
Look for an attorney who personally handles your case, returns calls promptly, and has experience in your local court. Check state bar records for disciplinary history. Avoid firms that advertise aggressively but assign paralegals to do attorney work. NACBA and local legal aid organizations maintain referral lists.