Serving all 67 Pennsylvania counties
Pennsylvania Bankruptcy Attorney
Chapter 7 and Chapter 13 filed statewide, on a flat fee, with a free consultation.
A Pennsylvania bankruptcy attorney files Chapter 7 or Chapter 13 in one of three federal districts (Eastern, Middle, Western), chooses between federal and Pennsylvania exemptions, and triggers the automatic stay that stops creditor calls, lawsuits, foreclosure and garnishment. Sean P. Quinlan, Esq. files in all three districts on a flat fee, with a free phone or video consultation.
Last updated September 10, 2026 · Written by Sean P. Quinlan, Esq., Pennsylvania attorney since 2001, NACBA member
Free · No obligation · Replies same business day
Consultations are by phone or video — no office visit required, anywhere in Pennsylvania.
Not sure if you qualify for Chapter 7? Take the 2-minute PA means test →
Key takeaways
- Court filing fees are fixed by federal rule: $338 for Chapter 7 and $313 for Chapter 13 (U.S. Courts Bankruptcy Court Miscellaneous Fee Schedule). Attorney fees are flat and quoted in writing before you commit.
- If your household income is below the Pennsylvania median for your family size, you are presumed eligible for Chapter 7. The U.S. Trustee Program updates those medians several times a year.
- Most Pennsylvania filers keep their home, car and retirement accounts because they can elect the federal exemptions under 11 U.S.C. § 522(d).
- The automatic stay under 11 U.S.C. § 362 takes effect the minute the petition is filed, including against a scheduled sheriff sale.
- A typical Chapter 7 takes 90 to 120 days from filing to discharge; Chapter 13 runs three to five years but protects a home from day one.
- Your county determines your district and your 341 meeting location; Attorney Quinlan files in all three.
What a Pennsylvania bankruptcy attorney does, and whether you need one
A bankruptcy attorney prepares and files the petition, schedules and means test, selects your exemptions, attends the 341 meeting of creditors with you, and handles trustee questions and any motions. You can file without one, but pro se cases are dismissed and lose property far more often, mainly because of exemption and schedule errors.
In Pennsylvania the attorney's judgment matters at two points most filers never see: the exemption election (federal versus state) and the choice of chapter. Both are made before filing and are hard to undo. Every case at this office is handled by Sean P. Quinlan personally, from the first call through the discharge order.
Chapter 7 vs Chapter 13 in Pennsylvania: which one fits
Chapter 7 discharges unsecured debt in about four months and suits filers below the state median with little non-exempt property. Chapter 13 is a three-to-five-year repayment plan that lets you cure mortgage arrears, catch up a car loan, or pay priority tax debt while keeping everything.
| Chapter 7 | Chapter 13 | |
|---|---|---|
| Who qualifies | Income below PA median, or passes the means test | Regular income; debt within the limits of 11 U.S.C. § 109(e) |
| Court filing fee | $338 | $313 |
| How long | About 90–120 days to discharge | 36–60 months (§ 1322(d)) |
| Home behind on payments | Stay is temporary; arrears must be cured to keep it | Arrears spread over the plan (§ 1322(b)(5)) |
| Car | Keep it if equity is exempt and payments are current, or reaffirm | Keep it; some loans can be restructured in the plan |
| Attorney fee | Flat fee paid before filing | Most of the fee paid through the plan |
| Credit report | 10 years from filing | 7 years from filing |
The short version: below-median income and current on secured debts usually means Chapter 7; behind on a mortgage you want to keep usually means Chapter 13. The Chapter 13 vs Chapter 7 guide walks through the decision in detail.
Federal vs Pennsylvania exemptions: which protects more
Nearly every Pennsylvania consumer filer elects the federal exemptions, because Pennsylvania has no homestead exemption and its general personal-property exemption is only $300 (42 Pa.C.S. § 8123). The federal set under 11 U.S.C. § 522(d), as adjusted April 1, 2025, protects $31,575 of home equity, $5,025 in a vehicle, and a wildcard of $1,675 plus up to $15,800 of unused homestead. Married couples filing jointly double these figures. The federal amounts are adjusted every three years; the next adjustment is April 1, 2028.
The Pennsylvania exemptions do one thing better: property held by a married couple as tenants by the entireties is protected from the debts of one spouse alone. Where only one spouse has the debt and the couple owns a home with substantial equity, the state set can win. That is a fact-specific call made before filing. See Pennsylvania bankruptcy exemptions for the full table.
How to file bankruptcy in Pennsylvania, step by step
Filing takes six steps, and the automatic stay begins at step four. Chapter 7 cases are usually complete within four months.
- Free consultation. Income, debts, assets and goals are reviewed by phone or video; you receive a written flat-fee quote and a chapter recommendation.
- Credit counseling. A 60-to-90-minute course from an approved provider, completed within 180 days before filing (11 U.S.C. § 109(h)). Cost is typically $10 to $50.
- Petition preparation. Schedules, statement of financial affairs, means test (Official Form 122A or 122C), and the exemption election are drafted and reviewed with you.
- Filing. The petition is filed electronically in your district. The automatic stay under § 362 takes effect immediately; creditors must stop calling, suing, garnishing and foreclosing.
- 341 meeting of creditors. Held 21 to 40 days after filing (Fed. R. Bankr. P. 2003), usually by phone or video in all three Pennsylvania districts. Attorney Quinlan attends with you. You answer the trustee's questions under oath; creditors rarely appear.
- Discharge. In Chapter 7, the discharge order typically enters about 60 days after the first 341 date, once the objection deadline under Rule 4004 passes and the debtor-education course is filed. In Chapter 13, discharge follows completion of the plan.
Do you qualify for Chapter 7? The Pennsylvania means test
You are presumed eligible for Chapter 7 if your average gross household income over the six months before filing is at or below the Pennsylvania median for your household size. Above the median, the full means test on Form 122A-2 deducts allowed expenses, and many above-median filers still qualify.
The U.S. Trustee Program publishes the medians. For cases filed on or after April 1, 2026, the Pennsylvania median family income is $72,230 for one person, $87,534 for two, $110,151 for three and $135,862 for four, plus $11,100 for each additional household member (source: U.S. Trustee Program, Census Bureau Median Family Income table). IRS expense standards used in the second step were updated for cases filed on or after July 15, 2026.
Free Tool
Do you qualify for Chapter 7?
Our free Pennsylvania means test calculator compares your household income to the current state median — the first step in determining Chapter 7 eligibility.
Run the calculator2-minute estimate
- • Uses current PA median income data
- • Adjusts for household size
- • No personal information required
How much bankruptcy costs in Pennsylvania
A Pennsylvania Chapter 7 costs the $338 court filing fee plus a flat attorney fee and about $10 to $50 for each of the two required courses; Chapter 13 costs the $313 filing fee plus an attorney fee that is mostly paid through the plan. Third-party surveys of PACER filings put typical Pennsylvania Chapter 7 attorney fees in the roughly $1,000 to $2,500 range, depending on complexity and district; this office quotes its exact flat fee in writing at the free consultation.
Two cost facts most people miss: the Chapter 7 filing fee can be paid in up to four installments over 120 days (Official Form 103A), and it can be waived entirely if household income is below 150 percent of the federal poverty guidelines (Official Form 103B). In Chapter 13, the Eastern, Middle and Western Districts each publish a "no-look" fee that trustees accept without a detailed fee application, which is why so little is due up front.
How to choose a Pennsylvania bankruptcy attorney
Choose a lawyer who files regularly in your district, quotes a flat fee in writing, attends your 341 meeting personally, and explains the exemption election before you sign. Ask these four questions on the first call:
- How many Chapter 7 and Chapter 13 cases do you file in my district each year?
- Will you personally attend my 341 meeting, or will it be a paralegal or covering attorney?
- Which exemption set do you recommend for me, and why?
- What is the total flat fee, and what is not included?
Verify the attorney's standing on the Pennsylvania Disciplinary Board site (Sean P. Quinlan, PA Supreme Court ID 86858, admitted 2001), and look for consumer-bankruptcy credentials such as NACBA membership.
Will I lose my house, car or retirement accounts?
Most Pennsylvania filers keep all three. Retirement accounts are the easiest: ERISA-qualified plans such as 401(k)s are excluded from the estate entirely, and IRAs are exempt under § 522(d)(12) up to a cap that exceeds $1.7 million. Your home is safe in Chapter 7 if the equity fits within the federal homestead exemption (and the wildcard, if needed) and you stay current on the mortgage. Your car is safe if its equity is within the vehicle exemption plus any wildcard and you keep paying the lender, typically by signing a reaffirmation agreement.
If equity exceeds the exemptions, Chapter 13 keeps the property by paying creditors the non-exempt value over the plan instead of surrendering it. The one asset filers most often lose is a tax refund received after filing that was not planned for; timing the petition around refund season avoids it.
Can bankruptcy stop foreclosure, garnishment, lawsuits and repossession in Pennsylvania?
Yes. The automatic stay under 11 U.S.C. § 362 halts foreclosure, sheriff sales, collection lawsuits, repossession and most garnishments the moment the case is filed. Pennsylvania foreclosure is judicial, so there is a defined sequence (Act 91 notice, complaint, judgment, sheriff sale) and a Chapter 13 petition filed before the sale stops it; the foreclosure defense guide and sheriff sale timeline tool map every stage.
Pennsylvania is unusual on garnishment: 42 Pa.C.S. § 8127 bars wage garnishment for ordinary consumer debt such as credit cards and medical bills. Garnishment in PA is generally limited to child and spousal support, federal student loans, taxes, and certain landlord judgments. What creditors do instead is levy bank accounts and file judgment liens against real estate; bankruptcy stops the levy and, under § 522(f), can strip a judicial lien that impairs an exemption.
What happens to your credit after bankruptcy
A Chapter 7 stays on your credit report for 10 years and a Chapter 13 for 7 years, but most clients see scores recover within 12 to 24 months because discharged debt drops the debt-to-income ratio to near zero and every post-filing payment reports on time. Secured cards and credit-builder loans are usually available within months of discharge, and FHA guidelines allow a mortgage application two years after a Chapter 7 discharge (one year into a Chapter 13 plan with court permission). The rebuilding credit guide has the sequence.
Which federal court handles your case
Your county of residence for the greater part of the 180 days before filing sets your district (28 U.S.C. § 1408). The Eastern District (Philadelphia and Reading divisions) covers Philadelphia, the collar counties, Berks and Lehigh; the Middle District (Harrisburg, Wilkes-Barre and Williamsport) covers Dauphin, Cumberland, York, Lancaster, Luzerne, Lackawanna and the central tier; the Western District (Pittsburgh, Erie and Johnstown) covers Allegheny and the west. Each district has its own local rules, trustee panel and 341 practices.
The 2026 figures at a glance
Filing fees are $338 (Chapter 7) and $313 (Chapter 13); federal exemptions are the April 1, 2025 amounts listed above and hold until April 1, 2028; Pennsylvania median income figures were updated for cases filed on or after April 1, 2026 and IRS expense standards for cases filed on or after July 15, 2026 (U.S. Trustee Program). This page is reviewed each time those figures change.
Where we file
Bankruptcy representation across Pennsylvania
We represent clients statewide in the Eastern, Middle, and Western Districts of Pennsylvania. Find guidance for your area:
Cities we serve
Chapter 7 by county
Featured city guides
In-depth pages for the regions we file in most, plus how bankruptcy interacts with a Pennsylvania divorce.
Pennsylvania federal bankruptcy courts
Which district your case is filed in, where hearings are held, and what the local trustees expect.
Choosing between Chapter 7 and Chapter 13
Start here if you are not sure which chapter fits your income, your home, and your car.
Behind on your mortgage?
Pennsylvania foreclosure runs through the courts, and every stage still has an option attached to it — right up until the sheriff sale.
Pennsylvania bankruptcy guides
Plain-English references on exemptions, taxes, student loans, business debt, and life after discharge.
Stop the calls. Stop the lawsuits.
An automatic stay halts most creditor harassment, wage garnishment, foreclosure, and repossession the moment we file.
Chapter 7 or Chapter 13.
Together we'll evaluate which chapter delivers the most relief while protecting the property that matters most to you.
Transparent, flat-fee work.
You'll know what your case costs before you commit — no surprises, no hidden charges.
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From the blog
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- Loan Modification or Chapter 13? How Pennsylvania Homeowners Should Choose
They solve different problems, and in Pennsylvania you are often allowed to pursue both at once. Here is how to tell which one your situation needs.
- Your Sheriff Sale Was Postponed. That Is Not the Same as Cancelled.
Postponements are routine in Pennsylvania counties — and they are the single most common reason homeowners lose a house they could have saved.
- You Received an Act 91 Notice in Pennsylvania. Here Is What It Actually Means.
An Act 91 notice is not a foreclosure filing — it is a 30-day window that opens the only door into HEMAP. Here is how to use it.
Your questions, answered
Frequently asked questions
How much does a bankruptcy lawyer charge for Chapter 7 in Pennsylvania?
Attorney fees are flat, not hourly, and are paid before the case is filed. Surveys of Pennsylvania PACER filings show most Chapter 7 fees in a roughly $1,000 to $2,500 range; the exact figure depends on the district and complexity. This office quotes its fee in writing at the free consultation. Court costs are a separate $338.
How do I file Chapter 7 if I have no money?
The $338 filing fee can be split into up to four installments over 120 days or waived if your income is under 150 percent of the federal poverty guidelines. Attorney fees must be paid before a Chapter 7 is filed, but many filers fund them from a tax refund or from money that no longer goes to creditors once they stop paying dischargeable debts on the attorney's advice.
Will creditors freeze my bank account when I file?
No. The automatic stay prohibits creditors from levying or freezing accounts after filing. A few banks will place an administrative hold if you owe that same bank money, which is why the balance is moved to a bank where you have no debt before filing. Any levy already in place is released once the creditor receives notice.
What is the "90-day rule" in Chapter 7?
Payments of $600 or more to a single creditor within the 90 days before filing are "preferences" under 11 U.S.C. § 547 and can be recovered by the trustee; for payments to family members or business partners the look-back is one year. It does not prevent filing; it affects timing and which debts you pay in the run-up.
Can I keep my car in a Pennsylvania Chapter 7?
Yes, if the equity is within the $5,025 federal vehicle exemption (plus wildcard) and you continue the payments, usually under a reaffirmation agreement. If you are behind, Chapter 13 can bring the loan current through the plan, and on loans more than 910 days old it can reduce the balance to the car's value.
Does bankruptcy wipe out tax debt in Pennsylvania?
Income taxes can be discharged if the return was due more than three years before filing, was actually filed more than two years before, and the tax was assessed more than 240 days before (11 U.S.C. §§ 507(a)(8), 523(a)(1)). Recent taxes, payroll taxes and tax liens survive Chapter 7 but can be paid over time in Chapter 13.
Can I file bankruptcy on student loans in PA?
Only by proving undue hardship in an adversary proceeding under § 523(a)(8). The Department of Justice and Department of Education guidance issued in November 2022 made federal-loan discharges more attainable through a standardized attestation, and this office evaluates that path in every case with student debt.
How long does bankruptcy take in Pennsylvania?
Chapter 7 typically runs 90 to 120 days from filing to discharge. Chapter 13 lasts 36 months for below-median filers and 60 months for above-median filers, but the automatic stay and the halt to foreclosure begin on the filing date in either chapter.
Sources
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