How to File Bankruptcy for Free Without an Attorney

Summary: You can file Chapter 7 bankruptcy for free using tools like Upsolve, paying only the $338 court filing fee. Most people erase $40K–$100K in debt within six months. Always respond to debt lawsuits first with Solo, then consider bankruptcy to stop wage garnishment and get a fresh financial start.

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Drowning in debt and wondering if bankruptcy might save your financial life? You're not alone. Ben Jackson, co-founder of Upsolve, recently joined The Debt Hotline to share his personal bankruptcy story and expert advice on navigating the process without breaking the bank.

Ben's story hits close to home for many Americans. With $60,000 in debt and only $20,000 in annual income, he was paying almost his entire monthly income just on interest payments. Sound familiar? After filing Chapter 7 bankruptcy, Ben got his fresh start, went to law school, and now helps hundreds of thousands of people do the same thing—for free.

Sued for debt? Respond with Solo and settle for less.

Chapter 7 bankruptcy isn't actually free (but it's close)

Let's clear this up right away. Chapter 7 bankruptcy itself costs $338 in court filing fees. That's it. The reason people think bankruptcy is expensive is because most folks hire attorneys who charge between $1,500 and $3,000 to prepare the paperwork.

But here's the thing—you don't need an attorney for most Chapter 7 cases. Tools like Upsolve work like "TurboTax for bankruptcy," walking you through the entire process for free. You just pay the court fee.

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Most people erase serious money in Chapter 7

The average Upsolve user has $48,000 in debt when they file. If you made minimum payments on that amount, it would take over 80 years to pay off and cost around $165,000 in total interest. That's not a typo. The interest really adds up that fast.

Through Chapter 7 bankruptcy, people typically save $48,000 in debt plus $114,000 in interest over the debt's lifetime. For a $338 filing fee, that's pretty incredible math.

Always respond to lawsuits first, then consider bankruptcy

If you're being sued for debt and considering bankruptcy, here's the correct order: respond to the lawsuit first, then file bankruptcy if needed.

Why? Because 95% of people who get sued by debt collectors don't take that first step of responding. If you don't file an Answer to the lawsuit, the collector gets a default judgment against you. That means they can garnish your wages or levy your bank account before you ever file bankruptcy.

Filing bankruptcy does put a "stay" on most collection activities, but timing matters. You don't want to risk wage garnishment while you're preparing your bankruptcy paperwork.

The bankruptcy process takes about six months

Most Chapter 7 cases wrap up in about six months, though some finish as quickly as three months. Complex cases or those involving reaffirmation agreements (like keeping a car loan) might take seven months.

The bankruptcy filing stays on your credit report for 10 years, but Ben's personal experience shows you can rebuild credit much faster. He was able to get a mortgage with a good rate about seven years after filing.

Common DIY bankruptcy mistakes to avoid

Ben sees people make three big mistakes when filing Chapter 7 themselves:

Using the wrong forms. The federal bankruptcy website lists about 200 forms, but you only need 14. Some states have additional forms, and figuring out which ones apply to you can be tricky.
Misreporting income. The bankruptcy means test has specific rules about which income matters and how to report it. Getting this wrong can stall your case.
Missing deadlines. Bankruptcy has strict timelines and requirements. Missing your 341 meeting of creditors or failing to respond to trustee notices can get your case thrown out.

Your home might be protected in bankruptcy

One of the biggest fears people have about bankruptcy is losing their home. Whether you keep your house depends on your state's exemption laws and how much equity you have.

Let's consider an example.

Example: Phil owns a $50,000 trailer on paid-off land in Oklahoma but has $50,000 in debt. Whether he keeps his home in bankruptcy depends on Oklahoma's homestead exemption. Each state protects different amounts of home equity, so Phil would need to check his state's specific exemption amounts before filing.

Settlement vs. bankruptcy: which is better?

Both settlement and bankruptcy can resolve your debt, but they work differently. Settlement typically gets you 30-70% savings on your original balance, while Chapter 7 bankruptcy can eliminate qualifying debts entirely.

If you're being sued and want to avoid bankruptcy, Solo can help you respond to the lawsuit and connect you with collectors through SoloSettle to negotiate a settlement. Many people settle their sued debt for around 70% and their pre-lawsuit debts for about 45%.

Get expert bankruptcy advice for free

Ready to learn more about whether bankruptcy makes sense for your situation? Listen to Ben's complete interview on The Debt Hotline, where he answers real listener questions about wage garnishment, protecting assets, and common filing mistakes.

Settle your debt for less with SoloSettle.

Whether you choose settlement or bankruptcy, the most important thing is taking action. Don't let debt control your life when there are proven ways to get your fresh start.

For personalized help with debt lawsuits, Solo offers tools to respond properly and negotiate settlements. If bankruptcy seems like the better option, Upsolve can help you file Chapter 7 for free—no attorney required.

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The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.