Bankruptcy Questions and Answers

In many cases, yes. Under Chapter 7, you may keep your home if your equity is within Connecticut exemption limits and you remain current on payments. Under Chapter 13, you may be able to stop foreclosure and catch up on missed payments over time. If keeping your home is your priority, your choice between Chapter 7 and Chapter 13 becomes especially important. → Learn more about Chapter 13.

Yes—immediately in most cases. When a bankruptcy case is filed, an automatic stay goes into effect. This is a powerful legal protection that: Stops collection calls Stops wage garnishments Stops lawsuits Stops most creditor actions This protection begins as soon as your case is filed.

Chapter 7 is relatively fast: Protection begins immediately upon filing The process usually takes about 3–4 months Chapter 13 takes longer (typically 3–5 years), but provides structured repayment and additional protections.

Chapter 7: Eliminates most unsecured debt quickly Chapter 13: Creates a repayment plan to catch up on secured debts (like a mortgage) Choosing the right option depends on your goals, especially whether you are trying to keep property.

No. This is one of the most common misconceptions. Most cases are “no-asset” cases, meaning: You keep your basic property Exemptions protect key assets Bankruptcy is designed to give you a fresh start—not leave you with nothing.

In most cases, no. You will attend a required meeting (called a 341 meeting), but: It is not a traditional courtroom setting It is usually brief Most clients find it straightforward and manageable

Yes, a bankruptcy petition is an individual right; either spouse can file without the other. Even if you file without your spouse, your household income, including in most cases your non-filing spouse’s income, must be disclosed and will have bearing on whether you pass the means test.  This test may apply to determine whether you are eligible for a Chapter 7 bankruptcy. Where the non-filling spouse has much higher income, consulting a careful attorney experienced in bankruptcy is essential.

Unfortunately, you can only file a joint case if you are married. In such cases where you are not married, you would have to file two separate petitions, although they could be filed essentially at the same time so you would likely have the same assigned trustee and hearing date.