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Chapter 7 bankruptcy: what it wipes out, what it doesn't, and the means test

Direct answer: Chapter 7 bankruptcy wipes out most credit card, medical and personal loan debt, usually about 3 to 4 months after filing, but not child support, most student loans, recent taxes or court fines. It stays on your credit report up to 10 years, and you must wait 8 years to get another Chapter 7 discharge.

By the numbers: Luxury purchases of more than $900 owed to one creditor within 90 days before filing, and cash advances of more than $1,250 within 70 days, are presumed not wiped out in bankruptcy (amounts in effect since April 1, 2025). Source: 11 U.S.C. 523(a)(2)(C), as adjusted by the Judicial Conference, 90 FR 8941

“Generally, excluding cases that are dismissed or converted, individual debtors receive a discharge in more than 99 percent of chapter 7 cases.” — U.S. Courts, Chapter 7 - Bankruptcy Basics

Updated 2026-10-22

Quick Q&A
What debts does Chapter 7 not wipe out?

Child support and alimony, most student loans (unless a court finds undue hardship), certain taxes, fines and penalties owed to the government, debts from injuring someone while driving drunk or high, criminal restitution, and debts you leave off your forms. Debts from fraud or recent luxury charges can also survive if the creditor wins in court (11 U.S.C. 523; U.S. Courts).

Can I max out my credit cards before filing Chapter 7?

Charges for luxury goods or services of more than $900 owed to one creditor within 90 days before filing, and cash advances of more than $1,250 within 70 days, are presumed not dischargeable (the card company can ask the court to make you still owe them) (11 U.S.C. 523(a)(2)(C), amounts effective April 1, 2025). Bigger or earlier charges can also be challenged as fraud.

How long does Chapter 7 stay on my credit report?

Up to 10 years from the date the case was filed (the order for relief), under the Fair Credit Reporting Act, 15 U.S.C. 1681c(a)(1). The CFPB says this applies to Chapters 7, 11, 12 and 13.

How often can I file Chapter 7?

You can't get a Chapter 7 discharge if you got a Chapter 7 or 11 discharge in a case filed within the last 8 years (11 U.S.C. 727(a)(8)). After a Chapter 13 discharge, the wait is 6 years unless that plan paid at least 100%, or 70% and your good-faith best effort (727(a)(9)).

How much does it cost to file Chapter 7?

The court fee is $338: $245 filing, $78 administrative and $15 trustee fee. Chapter 13 is $313. You may be able to pay in up to 4 installments, and the Chapter 7 fee can be waived if income is under 150% of the poverty line and you can't pay even in installments (U.S. Courts).

What is the median income for the Chapter 7 means test?

It's the Census Bureau median family income for your state and household size, published by the U.S. Trustee Program. For cases filed on or after April 1, 2026, Tennessee's is $63,979 for one person and $109,585 for four. If your last 6 months of income times 12 is at or under it, the means-test abuse presumption can't be raised (11 U.S.C. 707(b)(7)).

What's the difference between Chapter 7 and Chapter 13?

Chapter 7 is a liquidation: a trustee can sell property that isn't protected (exempt), and most debts are wiped out in a few months. Chapter 13 is a 3- to 5-year repayment plan that lets you keep property and catch up on a mortgage to stop foreclosure (U.S. Courts).

As of Oct. 22, 2026

Chapter 7 bankruptcy wipes out most credit card, medical and personal loan debt, usually 60 to 90 days after the meeting with the trustee. It does not wipe out child support, most student loans, most recent taxes or court fines. It stays on your credit report up to 10 years, and you can't get another Chapter 7 discharge for 8 years. Below: the plain facts, the rules about charges made right before filing, Chapter 7 vs Chapter 13, and your state's median income for the means test, all from the courts, the law and the U.S. Trustee.

$338Court fee for Chapter 7 (Chapter 13: $313)
180 daysCredit counseling must be done within this window before you file
8 yearsWait between Chapter 7 discharges
10 yearsLongest a bankruptcy can stay on a credit report

Sources: U.S. Courts fee schedule · 11 U.S.C. 109(h) · 11 U.S.C. 727 · 15 U.S.C. 1681c.

What Chapter 7 wipes out, and what it doesn't

Usually wiped out (discharged): most unsecured debts, such as credit cards, medical bills and personal loans. Once discharged, creditors can't sue, call or garnish your pay to collect those debts.

Not wiped out (11 U.S.C. 523(a)):

Liens stay. A discharge ends your personal duty to pay, but a mortgage or car loan lien stays on the property. If you stop paying, the lender can still take the house or car. To keep a car you're paying on, some people sign a “reaffirmation agreement,” which keeps that loan alive after the case.

Property: a trustee can sell property that isn't protected (“exempt”) by federal or state law. The U.S. Courts say most individual Chapter 7 cases are “no asset” cases, where everything is exempt or tied to a loan and nothing is sold.

Sources: 11 U.S.C. 523 · U.S. Courts: Chapter 7.

Running up credit cards before filing

The law presumes some charges made right before a bankruptcy were made without plans to pay them back. Those charges are presumed not dischargeable, so the card company can ask the court to make you still owe them. The current amounts (in effect since April 1, 2025):

Type of chargeMore thanWithinCounted
Luxury goods or services$90090 days before filingAdded up per creditor (one card company)
Cash advances on a credit card or credit line$1,25070 days before filingAdded up, consumer credit only

Sources: 11 U.S.C. 523 · 90 FR 8941 · 11 U.S.C. 104.

Chapter 7 vs Chapter 13

Chapter 7Chapter 13
What it isLiquidation: a trustee can sell property that isn't exempt; most debts wiped outA repayment plan; you keep your property
How longDischarge usually 60 to 90 days after the first meeting with the trustee (about 3 to 4 months after filing)3-year plan if income is under the state median, usually 5 years if over; never more than 5
Court fee$338 ($245 + $78 + $15); can be waived for low income$313 ($235 + $78)
Who can fileIndividuals and businesses; individuals with mostly consumer debts take the means testIndividuals with regular income, under the debt limits in 11 U.S.C. 109(e)
Behind on a houseDoesn't catch up missed payments; the lien staysCan stop a foreclosure and catch up missed payments over the plan
Co-signersNot protectedProtected on consumer debts while the case is open
Next discharge8 years after a prior Chapter 7 case; 6 years after a Chapter 13 case (with exceptions)4 years after a prior Chapter 7 case; 2 years after a prior Chapter 13 case
Credit reportUp to 10 yearsUp to 10 years under the law

The U.S. Courts Basics pages still list a $75 administrative fee; the official fee schedule (effective Dec. 1, 2023) sets it at $78.

Chapter 13 also wipes out a few debts Chapter 7 doesn't, such as some divorce property settlements and debts taken on to pay nondischargeable taxes.

Sources: U.S. Courts: Chapter 7 · U.S. Courts: Chapter 13 · U.S. Courts fee schedule · 11 U.S.C. 727 · 11 U.S.C. 1328 · CFPB.

The 8-year rule

The court can't give you a Chapter 7 discharge if you got a Chapter 7 or Chapter 11 discharge in a case filed within 8 years before your new case was filed (11 U.S.C. 727(a)(8)). The clock runs from filing date to filing date, not from the discharge date.

Sources: 11 U.S.C. 727 · 11 U.S.C. 1328.

How long it stays on your credit report

The Fair Credit Reporting Act says credit reports can't include bankruptcy cases more than 10 years old, counted from the order for relief (for a case you file yourself, that's the filing date) (15 U.S.C. 1681c(a)(1)). The CFPB says this applies to Chapters 7, 11, 12 and 13, and that in certain cases a bankruptcy can be reported beyond 10 years. The 10-year limit doesn't apply to reports pulled for a job paying $75,000 or more, or for credit or life insurance of $150,000 or more (1681c(b)).

The math: a case filed Oct. 22, 2026 should come off reports by Oct. 22, 2036. If something on your report is wrong, you can dispute it for free: check your credit reports and fix mistakes.

Sources: 15 U.S.C. 1681c · CFPB.

The means test, in plain words

  1. Add up all income for the last 6 full calendar months before you file (wages, business income, rent, pensions, regular help from family). Social Security benefits are left out. Divide by 6. That's your “current monthly income” (11 U.S.C. 101(10A)).
  2. Multiply by 12 and compare with your state's median for your household size (table below).
  3. At or under the median: no one can ask the court to dismiss your Chapter 7 for “abuse” under the means-test formula (707(b)(7)).
  4. Over the median: you fill out the full test (Official Form 122A-2), which subtracts allowed living expenses using IRS standards. Abuse is presumed if what's left over 60 months is $17,150 or more, or $10,275 or more and enough to pay 25% of your unsecured, non-priority debts. Many people over the median still pass; a bankruptcy lawyer or legal aid office can run the full test.

The math (Tennessee, household of 3): $8,125 a month × 12 = $97,500. The median is $97,511, so this household is $11 under. At $8,126 a month ($97,512 a year), it would be $1 over.

Sources: 11 U.S.C. 101(10A) · 11 U.S.C. 707(b) · U.S. Trustee: means testing · U.S. Courts: Chapter 7 · 90 FR 8941.

Means test median income by state (cases filed on or after April 1, 2026)

Yearly median family income from the U.S. Trustee Program. For each person over 4, add $11,100*. This is the table for cases filed on or after April 1, 2026. The U.S. Trustee usually posts new medians in spring and fall; as of Oct. 22, 2026 no newer table is posted.

State1 person2 people3 people4 people
Alabama$64,321$77,451$92,698$106,740
Alaska$85,817$112,548$112,548$142,136
Arizona$73,935$89,027$104,965$121,174
Arkansas$58,421$73,630$82,329$97,054
California$79,253$102,797$116,541$139,071
Colorado$87,940$109,497$130,850$153,501
Connecticut$84,302$106,224$134,470$159,934
Delaware$69,515$94,877$111,273$132,244
District of Columbia$85,391$161,397$161,397$166,598
Florida$69,876$86,523$97,540$114,761
Georgia$68,478$84,965$101,479$123,481
Hawaii$85,254$106,202$123,454$142,181
Idaho$73,413$86,160$98,381$119,662
Illinois$73,180$93,934$113,625$137,902
Indiana$64,461$81,986$95,627$115,656
Iowa$67,617$88,800$104,133$126,058
Kansas$69,197$87,441$103,852$125,971
Kentucky$61,652$73,892$85,212$109,443
Louisiana$59,447$72,348$84,602$103,628
Maine$75,892$90,445$106,822$131,577
Maryland$86,928$114,611$135,949$166,173
Massachusetts$88,202$112,708$139,411$178,524
Michigan$67,352$83,432$103,449$123,010
Minnesota$77,696$98,328$126,487$149,882
Mississippi$53,978$70,328$82,846$97,464
Missouri$64,972$82,075$100,228$118,530
Montana$71,310$91,452$103,285$121,698
Nebraska$66,922$90,728$103,405$125,074
Nevada$72,222$87,914$101,638$114,110
New Hampshire$87,287$109,324$141,531$155,203
New Jersey$87,173$106,876$137,136$168,127
New Mexico$66,235$79,574$88,041$98,602
New York$73,272$92,902$115,579$139,040
North Carolina$67,117$84,384$101,535$116,737
North Dakota$73,549$96,352$106,686$137,817
Ohio$66,239$83,725$102,504$123,702
Oklahoma$61,180$77,208$86,845$101,798
Oregon$79,089$93,670$116,729$140,024
Pennsylvania$72,230$87,534$110,151$135,862
Rhode Island$77,653$98,736$119,419$137,479
South Carolina$64,808$83,761$95,672$116,314
South Dakota$69,190$89,809$100,883$130,738
Tennessee$63,979$82,846$97,511$109,585
Texas$66,837$86,714$99,273$117,962
Utah$87,898$95,757$112,751$131,741
Vermont$72,461$96,963$114,075$137,583
Virginia$78,491$101,171$123,159$144,826
Washington$88,585$107,100$131,737$156,567
West Virginia$63,908$68,592$92,050$93,672
Wisconsin$71,168$90,252$108,516$133,384
Wyoming$71,745$91,502$98,476$110,297

* +$11,100 per extra person: Per the U.S. Trustee table. The law sets this as a monthly amount per extra person that is adjusted for inflation; the U.S. Trustee figure is the one used for current filings.

Source: U.S. Trustee median income table · U.S. Trustee: means testing. Territories (Guam, Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands) are on the U.S. Trustee table.

Two required classes

Sources: U.S. Trustee: approved credit counselors · U.S. Trustee: counseling & debtor education · 11 U.S.C. 109(h) · 11 U.S.C. 111 · U.S. Courts: Chapter 7.

For scale: 282,413 people filed individual Chapter 7 cases from Jan. 1 to Sept. 30, 2026, up 13% from 249,130 in the same months of 2025 (Epiq AACER data, ABI / Epiq, Oct. 8, 2026).

Not legal advice. These are facts from the Bankruptcy Code, the U.S. Courts and the U.S. Trustee Program, with dates. They don't say whether you should file. A bankruptcy lawyer or legal aid office can tell you how the rules apply to you, including your state's exemptions.

Sources & as-of dates

FAQ

What debts does Chapter 7 not wipe out?

Child support and alimony, most student loans (unless a court finds undue hardship), certain taxes, fines and penalties owed to the government, debts from injuring someone while driving drunk or high, criminal restitution, and debts you leave off your forms. Debts from fraud or recent luxury charges can also survive if the creditor wins in court (11 U.S.C. 523; U.S. Courts).

Can I max out my credit cards before filing Chapter 7?

Charges for luxury goods or services of more than $900 owed to one creditor within 90 days before filing, and cash advances of more than $1,250 within 70 days, are presumed not dischargeable (the card company can ask the court to make you still owe them) (11 U.S.C. 523(a)(2)(C), amounts effective April 1, 2025). Bigger or earlier charges can also be challenged as fraud.

How long does Chapter 7 stay on my credit report?

Up to 10 years from the date the case was filed (the order for relief), under the Fair Credit Reporting Act, 15 U.S.C. 1681c(a)(1). The CFPB says this applies to Chapters 7, 11, 12 and 13.

How often can I file Chapter 7?

You can't get a Chapter 7 discharge if you got a Chapter 7 or 11 discharge in a case filed within the last 8 years (11 U.S.C. 727(a)(8)). After a Chapter 13 discharge, the wait is 6 years unless that plan paid at least 100%, or 70% and your good-faith best effort (727(a)(9)).

How much does it cost to file Chapter 7?

The court fee is $338: $245 filing, $78 administrative and $15 trustee fee. Chapter 13 is $313. You may be able to pay in up to 4 installments, and the Chapter 7 fee can be waived if income is under 150% of the poverty line and you can't pay even in installments (U.S. Courts).

What is the median income for the Chapter 7 means test?

It's the Census Bureau median family income for your state and household size, published by the U.S. Trustee Program. For cases filed on or after April 1, 2026, Tennessee's is $63,979 for one person and $109,585 for four. If your last 6 months of income times 12 is at or under it, the means-test abuse presumption can't be raised (11 U.S.C. 707(b)(7)).

What's the difference between Chapter 7 and Chapter 13?

Chapter 7 is a liquidation: a trustee can sell property that isn't protected (exempt), and most debts are wiped out in a few months. Chapter 13 is a 3- to 5-year repayment plan that lets you keep property and catch up on a mortgage to stop foreclosure (U.S. Courts).

Estimates, not financial advice. Taxes, insurance, PMI and fees vary by lender, county and city; confirm with your lender, dealer and state agency before acting.