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Once a bankruptcy is filed, the Debtor, or party who files the bankruptcy, is protected by the federal court. If a creditor does not abide by the rules set forth in the bankruptcy code, there may be sanctions brought by the debtor which are enforced by the federal bankruptcy court.

After discharge, Chapter 7 may be filed once every 8 years from the date of filing. A Chapter 13 can be filed at any time but restrictions or limits as to discharge and automatic stay provisions apply depending on how many times a case has been filed by the Debtor.

An individual can file pro se meaning filing without an attorney. However, bankruptcy laws are complicated and are best dealt with by an experienced attorney.

Chapter 7 generally eliminates or discharges unsecured debt such as credit cards, medical bills, and unsecured loans. Chapter 7 stops garnishments and repossessions. In general, the Debtor will not pay back any money to the unsecured creditors unless there are issues regarding unprotected assets, preferential payments or transfers of property.

Chapter 13 is a repayment plan that lasts from 36 to 60 months based upon many factors such as income and assets. While in a Chapter 13, a Debtor has a plan payment which includes debts such as mortgage, vehicle, and IRS debt and a pro rata distribution which could be as low as 0% to unsecured creditors to 100% to unsecured creditors depending upon factors such as income, assets, preferential payments and transfers of property. IRS debt, Real Property Taxes and student loan debt can be paid through a chapter 13. Chapter 13 stops foreclosure; judgments and repossessions.