Who qualifies for Chapter 7 bankruptcy?

Eligibility is based on income and the means test, along with your household size and expenses. We evaluate your eligibility at your consultation.

What debts are typically discharged in Chapter 7?

Most unsecured debts—like credit cards, medical bills, and personal loans—are commonly discharged. Certain debts (student loans, recent taxes, support) are harder to discharge.

Do I have to give up property in Chapter 7?

Many clients keep all property using South Carolina exemptions. Non-exempt property may be sold by the trustee to pay creditors; we explain what’s protected before filing.

How long does a Chapter 7 case take?

Most Chapter 7 cases complete in about 4–6 months from filing, assuming required documents and courses are completed on time.

Who qualifies for Chapter 7 bankruptcy?

Eligibility is based on income and the means test, plus household size and expenses. We evaluate your eligibility at your consultation.

What debts are typically discharged in Chapter 7?

Unsecured debts like credit cards, medical bills, and many personal loans are commonly discharged. Certain debts—recent taxes, support, most student loans—are harder to discharge.

Do I have to give up property in Chapter 7?

Many clients keep all property using South Carolina exemptions. Non-exempt property may be sold by the trustee; we explain what’s protected before filing.

How long does a Chapter 7 case take?

Most cases complete in about 4–6 months from filing, assuming required documents and courses are completed on time.

RK Pruitt Law Firm

Overwhelmed by unsecured debt

Credit cards, medical bills, personal loans, some judgments—Chapter 7 may provide a discharge of qualifying debts.

Limited income / few assets

If you pass the means test (or qualify otherwise), Chapter 7 can be a faster route to relief than a repayment plan.

What Chapter 7 does

Automatic stay pauses most collections & lawsuits
Discharge of many unsecured debts at the end
Exemptions may protect certain property

What You’ll Need

Documents & info to gather

Pay stubs & income records

Tax returns (recent years)

List of all debts & creditors

Bank statements & monthly budget

Asset list (cars, home, accounts, valuables)

Leases & secured loan documents

Accurate, complete information avoids delays and objections.

Eligibility & Fit

Is Chapter 7 right for you?

You pass the means test or otherwise qualify
Most of your debt is unsecured (credit cards/medical)
You don’t need to cure long-term arrears (e.g., mortgage) via a plan

Some debts aren’t dischargeable (e.g., certain taxes, support); ask your attorney how rules apply.

Process

Chapter 7 in 6 steps

1

Prep & credit counseling
Complete required counseling and collect documents.

2

File & automatic stay
Filing pauses most collections; a trustee is assigned.

3

Trustee review
Attend the 341 meeting; trustee verifies information.

4

Exemptions
Claim exemptions to protect eligible property under applicable law.

5

Asset administration
If non-exempt assets exist, trustee may sell and pay creditors.

6

Discharge
Qualifying debts are discharged when requirements are met.

Exemptions

Keeping what you can

State/federal law allows exemptions for certain property
Homestead, vehicle, household goods, and more (subject to limits)
Using exemptions correctly can protect significant value

Exemptions vary by jurisdiction. Review which system applies before filing.

FAQs

Quick answers

Will I lose everything?

No. Many filers keep most or all property using exemptions. Non-exempt items may be sold by the trustee.

How long does a case take?

Many cases resolve in a few months, depending on complexity and assets.

Does it stop wage garnishment?

The automatic stay typically pauses most garnishments and lawsuits after filing.

What about my credit?

A Chapter 7 appears on your report for a period of years, but many people rebuild credit with time and consistent habits.

Informational only—does not create an attorney-client relationship.