Bankruptcy is a legal process—governed by federal law—that allows you to either eliminate certain debts or create a court-approved repayment plan. Unlike debt consolidation, bankruptcy is a formal legal proceeding that involves the federal court system and is handled according to strict guidelines in the U.S. Bankruptcy Code.
There are two primary types of bankruptcy available to individuals: Chapter 7 and Chapter 13.
Chapter 7 Bankruptcy (Liquidation):
Chapter 7 is the "fresh start" option. You file with the court, disclose all your debts and assets, and a bankruptcy trustee is assigned to your case. In Chapter 7, certain unsecured debts are eliminated entirely—they're legally discharged, meaning you're no longer obligated to pay them. You walk away owing nothing on those debts.
However, Chapter 7 has income limits. If your household income exceeds your state's median income, you must pass a "means test" to qualify. For 2025-2026, median family income for a family of four ranged from $65,000 (Mississippi) to $125,000+ (New Jersey). The means test essentially examines whether you have disposable income to pay back at least some of your debts. If you do, you don't qualify for Chapter 7 and must file Chapter 13 instead.
Chapter 7 bankruptcy stays on your credit report for 10 years and typically takes 3-6 months to complete from filing to discharge.
Chapter 13 Bankruptcy (Reorganization):
Chapter 13 is a reorganization plan. You keep your assets but propose a court-approved repayment plan lasting 3-5 years (typically 5 years). You make one monthly payment to a bankruptcy trustee, who distributes that money to your creditors according to the court's priority system. Secured debts (like mortgages and car loans) are handled separately and often continue as normal payments.
Chapter 13 has no income limits, making it available to higher-income filers. At the end of your repayment period, any remaining unsecured debt (medical bills, credit cards, personal loans) is discharged. You've paid back what the court determined you could afford, and the rest is forgiven.
Chapter 13 stays on your credit report for 7 years from the filing date.
What gets discharged and what doesn't:
Not all debts disappear in bankruptcy. Student loans, child support, alimony, and recent tax debt are generally non-dischargeable (with rare exceptions for very old student loans). Secured debts (mortgages, car loans) continue unless you surrender the asset.
However, unsecured debts—credit cards, medical bills, personal loans, utility bills, collection accounts—are typically discharged, meaning you legally owe nothing after bankruptcy concludes.
The credit impact is significant but recoverable:
Bankruptcy causes the most severe credit score damage of any financial action—typically 130-200 points for someone starting with good credit. Someone with a 750 score drops to 550-620. However, credit recovery begins immediately. Many people report credit scores in the 650-700 range within 24 months of discharge by secured credit building, because the bankruptcy recedes into the past and your recent payment history becomes increasingly important to your score.