FAQ

Can I file for bankruptcy if I don't have much debt?

Yes. There is no minimum amount of debt required to file bankruptcy.

How do I know which bankruptcy chapter to file?

Generally, individuals file Chapter 7 or Chapter 13 bankruptcies. The Chapter which works best for you depends on your income and whether you own assets which cannot be protected in a Chapter 7. Your bankruptcy attorney will help you determine which Chapter works for you.

How often can I file for bankruptcy?

It depends on which Chapter of bankruptcy you filed previously and what Chapter you intend to file currently.
If you filed Chapter 7 previously, you must wait 8 years to file a chapter 7 again; 4 years to file a Chapter 13.
If you filed a Chapter 13 previously, 6 years to file a Chapter 7; 2 years to file another Chapter 13.

Can I file for bankruptcy on some of the accounts I owe, or do I have to include all of them?

You are required to list all debts in your bankruptcy documents; however, it is possible to "reaffirm" some debts where you continue to pay the debt after filing bankruptcy. Reaffirmed debts are not discharged by the bankruptcy.

Can I eliminate all of my debts by discharging them in bankruptcy?

Unsecured debts, such as credit card and medical bills are discharged in bankruptcy. Unsecured debts (such as car loans) are not discharged unless you surrender the collateral for the debt.

Can I wipe out all of my debts after bankruptcy?

Debts which you incur after filing bankruptcy are, generally, not discharged.

Can I keep my home if I file for bankruptcy?

Yes. In Wyoming, if you file Chapter 7 and the equity in your house is less than $20,000 ($40,000 for a married couple filing jointly) you will be able to keep your home. In Chapter 13, you will be able to keep your home even if the equity exceeds those amounts and you make Chapter 13 Plan payments to a bankruptcy trustee.

Can I keep my retirement account or Social Security payment if I file for bankruptcy?

Yes, you will be able to keep these if you file for bankruptcy.