πŸ“… 2026 Update: Changes in U.S. Bankruptcy Law

Since the original article was written, significant updates to U.S. bankruptcy law have taken place. These changes impact everything from eligibility requirements to filing fees. The new information below highlights what readers need to know about these updates, while the earlier article continues further down the page.

πŸ“œ Bankruptcy Threshold Adjustment Act

On October 9, 2026, the Bankruptcy Threshold Adjustment Act was enacted. This act modifies certain eligibility requirements under Title 11 of the United States Code. It aims to better align bankruptcy laws with current economic conditions.

πŸ” Resumption of Debtor Audits

Starting February 20, 2026, the U.S. Trustee Program resumed audits for Chapter 7 and Chapter 13 bankruptcy cases. This decision follows a pause in audits due to budget issues in June 2025.

Audits ensure that the bankruptcy process is transparent and fair.

πŸ’΅ Current Filing Fees

As of October 2026, the filing fees for different bankruptcy types are as follows:

  • Chapter 7: $338
  • Chapter 11: $1,738
  • Chapter 13: $313

These fees may change, so checking the U.S. Courts website for the most current information is essential.

πŸ“… Processing Times

The processing times for bankruptcy cases have remained largely consistent.

  • Chapter 7 typically takes about 3 to 6 months from filing to discharge.
  • Chapter 11 can take several months to years, depending on complexity.
  • Chapter 13 generally lasts 3 to 5 years due to its repayment plan.

πŸ“Œ Key Points

  • The Bankruptcy Threshold Adjustment Act has changed eligibility requirements.
  • Audits for Chapter 7 and Chapter 13 cases resumed in February 2026.
  • Filing fees for bankruptcy are updated as of October 2026.
  • Processing times for bankruptcy cases are mostly stable across chapters.

πŸ’‘ Tips for Understanding U.S. Bankruptcy Law

Before taking any steps, it's important to review your specific situation with an attorney.

πŸ“ Understand the Means Test

The means test helps determine eligibility for Chapter 7 bankruptcy. It compares your income over the last six months to your state’s median income. Knowing where you stand can guide your options.

πŸ” Complete Required Courses

Debtors must complete a credit counseling course before filing and a debtor education course after filing. Costs for these courses usually range from $20 to $50 each. Make sure to budget for these additional expenses.

πŸ“… Stay on Top of Deadlines

Be aware of important deadlines. Credit counseling must be done within 180 days before filing. Additionally, debtor education must be completed before discharge to avoid delays in your case.

🀝 Use Available Resources

The U.S. Trustee Program offers various resources for individuals considering bankruptcy. They provide information on procedures and may help clarify any questions about the process.

πŸ“ˆ Monitor Your Credit Post-Bankruptcy

Bankruptcy can impact your credit score. While it may provide relief from certain debts, rebuilding credit is essential afterward. Understanding how bankruptcy affects your financial future is important.

πŸ† Free Options Ranked by User Reviews (2026)

No national paid service in this area met the review threshold, so this section lists free government and nonprofit resources that can help with bankruptcy issues.

πŸ₯‡ 1. U.S. Trustee Program

The U.S. Trustee Program offers valuable resources for understanding bankruptcy. They provide information on filing procedures, eligibility, and what to expect throughout the process.

This program is especially helpful for individuals navigating bankruptcy without legal representation.

πŸ₯ˆ 2. Legal Aid Organizations

Many legal aid organizations provide free or low-cost legal assistance to those considering bankruptcy. These organizations often serve low-income individuals and can guide you through the necessary paperwork and requirements. They can help ensure that you understand your rights and options.

πŸ₯‰ 3. Credit Counseling Agencies

Approved credit counseling agencies offer the required pre-filing credit counseling courses. These agencies help debtors evaluate their financial situation and discuss alternatives to bankruptcy. Their services are crucial for individuals exploring their options.

4️⃣ Bankruptcy Information Helplines

Various bankruptcy information helplines are available for those seeking guidance. These helplines provide basic information about the bankruptcy process and can direct individuals to local resources. They are often staffed by knowledgeable volunteers or professionals.

πŸ”Ž What to Check Before Paying for Help

  • 🏷️ Ensure the service is legitimate and well-reviewed.
  • πŸ“œ Confirm they are knowledgeable about U.S. bankruptcy law.
  • πŸ’° Look for any hidden fees or unexpected costs.
  • πŸ“ž Check if they offer free initial consultations.
  • 🏒 Verify their credentials and experience in bankruptcy cases.

❓ Frequently Asked Questions

❓ What is the automatic stay?

The automatic stay is a court order that stops most collection actions from creditors once a bankruptcy case is filed. This protects the debtor from immediate financial pressure while the bankruptcy is processed.

πŸ“… How long does a Chapter 13 bankruptcy last?

A Chapter 13 bankruptcy typically lasts between 3 to 5 years. This duration is due to the repayment plan that debtors must follow during this time.

πŸ’΅ What are the filing fees for bankruptcy?

As of October 2026, filing fees are: $338 for Chapter 7, $1,738 for Chapter 11, and $313 for Chapter 13. These fees can change, so it's wise to confirm the latest amounts.

πŸ“š What happens after bankruptcy is discharged?

After bankruptcy is discharged, the debtor is released from personal liability for certain debts. However, the bankruptcy will remain on their credit report for several years, affecting future credit opportunities.

πŸ“ˆ Can I rebuild my credit after bankruptcy?

Yes, rebuilding credit after bankruptcy is possible. It may take time and effort, but understanding how to manage finances and using credit responsibly can help improve your credit score.

🏦 What types of debts can be discharged?

Certain types of debts can be discharged in bankruptcy, including unsecured debts like credit card bills and medical expenses. However, some debts, like student loans and child support, are generally not dischargeable.

βš–οΈ Recent Bankruptcy Cases

Recent court rulings have highlighted important aspects of U.S. bankruptcy law. These cases may affect how bankruptcy is managed and what debtors can expect during the process.

For more recent rulings, feel free to browse more rulings on the news page.

End of October 2026 Update





United Kingdom bankruptcy law can potentially be overwhelming and confusing, as there is not one concrete law for all of the United Kingdom. Indeed, there is different legislation in each part of the UK. Bankruptcy law in England and Wales, for example, differs from the laws that govern insolvency in Northern Ireland and Scotland. Despite these differences, the purpose of UK bankruptcy law remains constant. 

In the UK, bankruptcy may be voluntarily filed by an individual who is unable to pay his/her debts. However, it is also common for a creditor to file a petition against an individual who has failed to pay his/her debts. Before a creditor is permitted to file a UK bankruptcy petition against a debtor, they must first inform him/her of their responsibility to repay the debt accrued, and the lender must insist upon payment of that debt. If the debt is not paid within a designated time period, then the creditor may take the proper steps to file a bankruptcy order against the debtor.

The petition will be personally delivered to the individual, and upon receipt the debtor will be required to attend a court hearing. If a judge verifies the debtor's financial responsibility to repay his/her debts, a trustee will be appointed.