Open Bankruptcy Project

Chapter 7 Bankruptcy

Chapter 7 is the most common consumer bankruptcy chapter, providing a relatively quick discharge of unsecured debts in exchange for liquidation of non-exempt assets. This educational reference covers the filing process, the means-test interaction, the § 341 meeting of creditors, discharge timing, and post-discharge issues.

Empirical answers

85.9%
Chapter 7 discharge rate across 102,105 federal cases analyzed (OBP empirical dataset). Source: Outcomes & Duration v0.1.
~104 days
Median time from filing to discharge in Chapter 7. Half of cases discharge within 98-126 days (interquartile range).

What Chapter 7 does

Chapter 7 is a "liquidation" bankruptcy. The trustee gathers the debtor's non-exempt assets, sells them, and distributes proceeds to creditors. In exchange, most pre-petition unsecured debts are discharged at case completion (typically ~3-4 months from filing).

For most consumer debtors, Chapter 7 is a "no-asset" case — all property is exempt under § 522 and the trustee has nothing to distribute. The debtor receives the discharge without losing any property.

Eligibility

Chapter 7 has two threshold eligibility tests:

The means test is the dominant eligibility hurdle. See means-test.openbankruptcyproject.org for detail.

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