Frequently Asked Questions

Answers to the 15 most common questions from St. Louis residents considering bankruptcy.

Cost and Eligibility

How much does it cost to file bankruptcy in St. Louis?

Chapter 7 filing fee is $338 and Chapter 13 is $313. Attorney fees typically range from $1,000 - $2,000 for Chapter 7 and $2,500 - $4,000 for Chapter 13. Full cost breakdown.

What is the means test?

The means test compares your household income to the Missouri median. If below, you qualify for Chapter 7 automatically.

Can I file bankruptcy more than once?

Yes, but there are time limits. Use the 1328(f) screener to check. Learn more.

Property and Assets

Will I lose my house if I file bankruptcy?

Missouri's homestead exemption protects up to $15,000 of home equity. In Chapter 13, you can keep your home and catch up on missed payments. See all exemptions.

Can I keep my car in bankruptcy?

Missouri protects $3,000 in vehicle equity. In Chapter 13, you can keep your car and catch up on payments. Exemption details.

What happens to my tax refund in bankruptcy?

In Chapter 7, your tax refund may be an asset. In Chapter 13, you may need to turn it over to the trustee. Timing matters -- discuss with your attorney.

The Process

How long does bankruptcy take?

Chapter 7 takes 3-4 months. Chapter 13 requires 3-5 years. Full timeline.

What is the 341 meeting of creditors?

A brief hearing about 30 days after filing where the trustee asks questions under oath. Most last 5-10 minutes. Full guide.

What is the automatic stay?

The automatic stay takes effect immediately upon filing. It stops lawsuits, garnishments, foreclosures, repossessions, and collection calls.

Will bankruptcy stop wage garnishment?

Yes. The automatic stay stops garnishments immediately. Learn more.

Types of Debt

Can I file bankruptcy on medical bills?

Yes. Medical bills are fully dischargeable in both Chapter 7 and Chapter 13.

Will bankruptcy eliminate my student loans?

Generally no, except in cases of undue hardship. Learn more.

Can creditors still call me after I file?

No. The automatic stay prohibits all collection activity.

Life After Bankruptcy

Will bankruptcy affect my credit score?

Chapter 7 stays on your credit report for 10 years; Chapter 13 for 7 years. Many filers see recovery within 1-2 years. Rebuilding credit.

Should I file Chapter 7 or Chapter 13?

Chapter 7 is faster; Chapter 13 lets you keep property and catch up on debts. Compare them.

Check Your Eligibility

Use the free 1328(f) screener to check whether a prior discharge affects your eligibility.

Free Discharge Screener

Open Bankruptcy Project Network