Debt Relief

Do You Know Which Bankruptcy Path Offers the Fresh Start Your Family Needs?

Are you feeling buried under a mountain of conflicting information about Chapter 7 and Chapter 13 bankruptcy?
It is easy to become overwhelmed with the sheer volume of material available. Below, our Tennessee bankruptcy attorneys have answered the most frequently asked questions regarding the importance of filing and the specific procedures involved in the process.

How Bankruptcy Affects Your Credit

Honest, simple, and designed to help you feel confident about your financial future.

A Fresh Start—Not the End of Your Credit​

Many people worry that bankruptcy will “ruin” their credit.
The truth is: bankruptcy gives you the chance to rebuild.
Most folks who file are already dealing with late payments, high balances, and collections—so bankruptcy often becomes the first step toward stronger credit.

couple-smiling-from-debt-relief

What Happens to Your Credit Score?

Your credit score may drop at first, but:

  • Most clients are already struggling with damaged credit before filing
  • The actual impact is often less than they expect
  • After bankruptcy, rebuilding becomes much easier

 

How Long Bankruptcy Stays on Your Credit Report

  • Chapter 7: Up to 10 years
  • Chapter 13: Usually 7 years

 

Even while it’s on your report, you can still rebuild strong credit.

Rebuilding Starts Immediately

After your case is filed or discharged, many clients begin receiving credit offers within months. That’s because:

  • Your debts are gone
  • You’re no longer behind on payments
  • Lenders know you can’t file again for several years

 

With responsible habits, many people see improvement in 6–12 months.

You Can Qualify for Credit Again

Bankruptcy does not prevent you from borrowing in the future. Many clients qualify for:

  • Secured credit cards (often within months)
  • Auto loans (sometimes immediately)
  • Home loans (typically 2–4 years depending on loan type)

 

Bankruptcy doesn’t close the door—it helps you walk through a better one.

Why Bankruptcy Might Help Your Credit LongTerm

Removing overwhelming debt stops the cycle of:

  • Missed payments
  • Collection calls
  • Judgments
  • Wage garnishments
 

Once those negative marks stop, your credit can finally recover.

General Information Regarding the Bankruptcy Process

What exactly is bankruptcy?

Bankruptcy is a process designed to help consumers and businesses repay or eliminate their overwhelming amounts of debts under the protection of the courts.

Will bankruptcy wipe out all my debts?

While filing bankruptcy can help eradicate excessive debt, it does not wipe out all obligations. Working with a Tennessee bankruptcy lawyer will help clarify which debts can be discharged and which must still be paid.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 allows most debts to be discharged in exchange for liquidating nonexempt assets. Chapter 13 involves creating a repayment plan to pay back part or all of your debt over time while keeping your property.

What form of bankruptcy should I use?

It depends on your debt level and income. Those above the median income may not qualify for Chapter 7, while individuals with secured debt above $1.1 million cannot use Chapter 13. Contact Clark & Washington to determine which fits your situation.

Who should I notify if I suspect a possible fraudulent filing?

Submit a signed letter to the U.S. Trustees with details about the person or business, case number, location, suspected fraud summary, and your contact information. The matter will be sent to the U.S. Attorney for review.

Can anyone qualify for bankruptcy?

While most people can file, not everyone qualifies for every type. Bankruptcy is designed for honest debtors who can no longer pay their bills. Previous filings may also impact eligibility.

How long does the bankruptcy process take?

Chapter 7 typically lasts 4–6 months, while Chapter 13 can take 3–5 years, depending on your repayment plan and case details.

What does my free consultation at Clark & Washington consist of?

You’ll meet one-on-one with a TN bankruptcy lawyer who will review your case and provide guidance. No forms or documents are needed for your initial meeting—just bring yourself.

Will I be able to obtain a mortgage after filing for bankruptcy?

Yes, but timing depends on loan type and bankruptcy chapter. FHA/VA loans usually require a 2-year wait after Chapter 7, or 12 months into Chapter 13 with court approval. USDA and conventional loans have longer waiting periods. You’ll still need to meet standard credit and income criteria.

How does bankruptcy affect senior citizens?

Many seniors file due to rising medical and living costs. Medical debt is easily discharged, retirement accounts are largely protected, and Social Security benefits are excluded from the means test. Consult a lawyer to protect home equity and other assets.

Contact Us

Have questions about bankruptcy or wondering if it’s the right option for you? Our experienced team is here to provide clear answers and personalized support. Fill out the form to get started—your consultation is free, and your information is always kept confidential.

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