Bankruptcy - Chapter 7 & 13
What Our Bankruptcy Team Can Do for You
● Case Evaluation. We evaluate your financial situation and determine which path fits. We review your income, debts, assets, and goals to determine whether Chapter 7 or Chapter 13 is right for you, and whether bankruptcy is the right tool at all.
● Run the Numbers. We calculate what you'll keep and what you'll pay. Beyond your total debt, we look at exempt assets, disposable income, and the means test, so you understand exactly what to expect before you file.
● Stop the Collections. We put the automatic stay to work for you. Once your case is filed, most creditor calls, lawsuits, wage garnishments, and, in many cases, foreclosure or repossession proceedings must stop. We handle creditors directly so you don't have to.
● File Your Case. We prepare and file your petition, schedules, and all required paperwork. Bankruptcy law and local court procedures can be complex. We make sure your case is filed correctly, on time, and structured to protect what matters most to you.
This guide addresses common bankruptcy questions, explains the differences between Chapter 7, 11, and 13 filings, and outlines when seeking legal assistance might be beneficial. If you're considering bankruptcy, know that support is available to help you navigate this challenging time. Contact Wilkie Puchi LLP today and tell us your situation.
Bankruptcy Matters We Handle
While every case is unique, we are prepared to represent individuals and families in a wide variety of debt matters, including (but not limited to):
● Chapter 7 liquidation bankruptcy
● Chapter 13 repayment plan bankruptcy
If you're not sure which chapter fits your situation, or whether you qualify, reach out. We'll evaluate with you for free.
What Disqualifies You from Filing Bankruptcy?
One of the most common bankruptcy questions is whether someone is eligible. Here are some things that may disqualify you from filing bankruptcy:
Too much income for Chapter 7 based on the means test
Recent bankruptcy discharges
Failure to complete credit counseling from an approved provider
Suspected bankruptcy fraud, concealment, or abuse of the bankruptcy process
If you're unsure about your eligibility, a lawyer can review your records and advise on the next steps. There are often other solutions like structured repayment plans or creditor negotiations.
Why Hiring a Bankruptcy Lawyer Matters Instead of Representing Yourself
● We know the law and the system. Bankruptcy involves federal law, local court rules, strict deadlines, and detailed disclosure requirements. Mistakes can cost you your discharge or put your property at risk.
● Creditors are not on your team. Their goal is to collect as much as possible. Without a lawyer, you may not understand how to protect exempt property, respond to objections, or navigate the means test correctly.
● You're more likely to keep what you're entitled to keep with an experienced attorney. Attorneys know how to structure a case to protect your home, car, and other exempt assets, and many people don't realize how much can be protected.
● You don't carry the burden alone. You focus on your fresh start. We handle everything else—paperwork, deadlines, creditor communication, and court appearances—while protecting your interests every step of the way.
Why You Should Let an Attorney Handle Creditor and Collector Contact
Once you fall behind, creditors and debt collectors may call constantly. They might sound helpful, but their job is to recover money for their company, not to look out for you.
● Statements you make can be used against you. Even well-meaning comments about your finances or intentions can complicate your case or be used to dispute a discharge.
● Debt collectors are trained to pressure people into payment plans that aren't sustainable, before you've had a chance to understand all your options.
● An attorney shields you from unfair or unlawful collection practices. We know how creditors operate, can invoke the automatic stay on your behalf, and handle all communications so you can stop taking the calls.
Let us be your buffer to preserve your rights and your peace of mind while you focus on getting your finances back on track.
Understanding Our Fees — You Don't Need Lots of Money to Get Help
At Wilkie Puchi LLP, we believe cost should not stand between you and a fresh start. That's why we offer:
● Transparent, flat-fee pricing. You'll know what your case costs upfront, with no surprise bills.
● Payment plans. We work with you to structure fees in a way that fits your budget, including plans that let you get started before your case is filed.[AD1][BW2]
● A free initial consultation. You don't need money in hand to find out whether bankruptcy makes sense for you and what it would cost.
We’ll walk you through the numbers honestly, including filing fees and credit counseling costs, so there are no surprises.
Understanding Chapter 7 and Chapter 13 Bankruptcy
People often ask: what is the difference between Chapter 7 and 13? It’s one of the most common bankruptcy questions, and the answer depends on income, assets, and the type of debt involved.
Here’s a quick breakdown:
Chapter 7 Bankruptcy - Known as liquidation bankruptcy. It wipes out most debts like credit cards or medical bills. You may have to give up non-exempt property, but many filers keep everything. A Chapter 7 lawyer can explain what’s protected in your state.
Chapter 13 Bankruptcy - You keep your property and repay some debt over 3–5 years. Ideal for people with income or those behind on mortgage payments.
Which form of bankruptcy is most common?
As shown in the chart, Chapter 7 bankruptcy makes up the largest chunk of bankruptcy filings while Chapter 13 bankruptcy accounts for most of the other filings.
If you're thinking about filing a Chapter 7 bankruptcy petition, a Chapter 7 bankruptcy attorney can explain how exemptions work and whether your property would be protected. They will also help ensure the court grants a full discharge of debts.
Common Bankruptcy Questions
What's the difference between Chapter 7 and Chapter 13?
Chapter 7 is a liquidation bankruptcy: most unsecured debts (like credit cards and medical bills) are discharged, typically within a few months, and most filers keep all of their property through exemptions. Chapter 13 is a repayment plan, usually lasting three to five years, designed for people with regular income who want to catch up on a mortgage, keep property they'd otherwise lose, or don't qualify for Chapter 7 under the means test.
Do I really need a lawyer to file for bankruptcy?
Most people benefit greatly from having a lawyer, especially when:
● You own a home, car, or other property you want to protect
● You're not sure whether Chapter 7 or Chapter 13 fits your situation
● A creditor has filed a lawsuit, garnishment, or foreclosure action against you
● You're worried about passing the means test
● You're overwhelmed by paperwork and deadlines
Trustees and creditors' attorneys know the process inside and out. You should have someone who knows it just as well, working for you.
How much does it cost to hire Wilkie Puchi LLP for a bankruptcy case?
We offer transparent, flat-fee pricing with modified payment plans available, so you know the cost upfront and can budget for your fresh start. We'll discuss fees openly during your free consultation, before you commit to anything.
Will filing stop wage garnishment and creditor lawsuits?
In most cases, yes. Filing triggers the automatic stay, a court order that generally requires creditors to immediately stop calls, lawsuits, wage garnishments, and other collection efforts while your case is pending. There are some exceptions (such as certain family support obligations), which we'll walk you through.
Will I lose my house or car?
Not necessarily. Bankruptcy exemptions protect many filers' homes, cars, and personal property, especially in Chapter 7. In Chapter 13, you can often keep property and catch up on missed payments through your repayment plan. We evaluate your specific assets to structure your case to protect what matters most to you.
What is the means test?
The means test compares your household income to your state's median income to help determine whether you qualify for Chapter 7 or need to file Chapter 13 instead. It accounts for your income, household size, and certain allowed expenses. We calculate this with you as part of your free consultation.
How long does bankruptcy take?
Every case is different, but Chapter 7 cases generally take about four to six months from filing to discharge. Chapter 13 cases involve a repayment plan lasting three to five years, after which remaining eligible debts are discharged. We keep you updated at every stage.
Will bankruptcy hurt my credit score?
Bankruptcy will affect your credit in the short term, but many people find their overall financial picture, and often their score, improves over time once high-interest debt and missed payments are resolved. We're happy to discuss what to expect and how to start rebuilding credit afterward.
What debts can and can't be discharged?
Bankruptcy typically discharges unsecured debts like credit cards, medical bills, and personal loans. Certain debts, such as most student loans, recent tax debts, child support, and alimony, generally are not dischargeable. We review your specific debts to tell you what to expect.
Should I keep talking to my creditors or debt collectors?
No, not before speaking with an attorney. Debt collectors may:
● Pressure you into payments you can't sustain
● Use your statements against you later in your case
● Push you toward a settlement that isn't in your best interest
We handle all creditor and collector communications for you once we're engaged, so you don't have to keep taking the calls.
Get Trusted Bankruptcy Help
Bankruptcy isn’t the end of the world, it's a reset. For many, it offers relief from overwhelming debt, constant stress, and aggressive collection tactics. A lawyer can explain your rights, help you avoid costly mistakes, and guide you toward financial recovery.
At Wilkie Puchi LLP, we don’t just file paperwork. We give you straight answers, clear costs, and the peace of mind of knowing your case is handled by professionals with deep legal experience.
Schedule your free consultation with a lawyer today and take the first step toward clarity and control.