Bankruptcy Attorney in Montgomery County, PA: The Questions I Answer Every Week
If you live in Montgomery County and you are weighing bankruptcy, you are probably not looking for a lecture — you want to know whether it works, what you lose, and how fast the calls stop. These are the questions Montgomery County residents ask me most often, answered the way I would answer them across my desk.
Do I qualify for Chapter 7 in Montgomery County?
Most Montgomery County households do. Qualifying turns on the means test, which compares your household income over the last six months to the Pennsylvania median for your household size. If you are below median, you qualify outright. If you are above it, deductions for your mortgage, car payments, taxes, childcare, and health costs frequently bring you under anyway. If the numbers put you over, that usually means Chapter 13 is the better tool — not that you are out of options.
Run the free bankruptcy calculator to see where you land.
Where Montgomery County cases are filed
Montgomery County sits in the Eastern District of Pennsylvania, and cases are handled through the U.S. Bankruptcy Court at 900 Market Street in Philadelphia. Your meeting of creditors (the 341 meeting) is now routinely held by video, so most Montgomery County clients never travel to a courthouse at all. You can read more about how the Eastern District handles consumer cases.
What actually drives filings in Montgomery County
Bankruptcy in Montgomery County does not look the way it looks in a national article. The local economy is anchored by Merck, GlaxoSmithKline, Main Line Health, Einstein Healthcare, Lockheed Martin, and the King of Prussia corporate corridor, and the balances I see on schedules reflect that: Main Line Health, Einstein, Penn Medicine, TD Bank, and Wells Fargo HELOCs. Montgomery has the largest concentration of high-earning W-2 professionals in PA — most filings are Chapter 13 plans built around mortgage arrears or HELOC catch-up. The most common trigger I see here is HELOCs, divorce-related debt, and mortgage arrears in higher-priced properties.
That matters for strategy. When the debt is unsecured — medical bills, cards, personal loans — Chapter 7 usually clears it outright. When the pressure is arrears on a house, a vehicle, or taxes, Chapter 13 is what buys the time to cure it.
Will I keep my home, my car, and my retirement?
Almost never. Pennsylvania lets you choose the federal exemption set, which protects a substantial amount of home equity, one vehicle, household goods, retirement accounts, and tools of your trade. The large majority of Chapter 7 cases I file are no-asset cases where the client keeps everything they own, as long as they stay current on any mortgage or car loan they want to keep.
If you are behind on a mortgage and a sheriff's sale has been scheduled through the Montgomery County Court of Common Pleas in Norristown, a Chapter 13 filing stops the sale and lets you cure the arrears over as long as five years. See how Chapter 13 repayment plans work.
Which debts disappear and which ones do not
Credit cards, medical bills, personal loans, most old utility balances, deficiency balances after a repossession, and judgments from collection lawsuits. Student loans, recent taxes, child support, alimony, and most criminal fines survive — though Chapter 13 can force those into a manageable payment plan while you catch up. If you are choosing between chapters, my Chapter 13 vs. Chapter 7 comparison walks through the tradeoffs.
How quickly the pressure stops
The moment your case is filed. The automatic stay is federal law: garnishments stop, sheriff's sales are postponed, shutoff notices are suspended, and collection calls have to end. I have filed cases the morning of a scheduled sale to stop it. If your wages are being attached, read how wage garnishment works in Pennsylvania — the rules here are more protective than most people realize.
What the process looks like start to finish
- Consultation. We review income, debts, your house, and your car, and decide whether Chapter 7 or Chapter 13 fits.
- Credit counseling. A short online course before filing.
- Filing. The automatic stay takes effect immediately.
- 341 meeting. A short video hearing with the trustee, usually under ten minutes.
- Discharge. Roughly three to four months in Chapter 7; at the end of the plan in Chapter 13.
What it costs
Chapter 7 involves a court filing fee, a credit-counseling course, and a flat attorney's fee we can usually spread out before filing. Chapter 13 requires far less up front because most of the fee is paid through the plan. Call (717) 724-7503 and I will tell you what your case costs before you commit to anything.
Talk it through
I am Sean P. Quinlan, and I file consumer bankruptcy cases for Montgomery County families out of my Harrisburg office. The consultation is free and there is no pressure to file. Send me a message, call (717) 724-7503, or read more on the Montgomery County bankruptcy page.
Frequently asked questions
- Do I qualify for Chapter 7 bankruptcy in Montgomery County?
- Most Montgomery County households do. Qualifying turns on the means test, which compares your household income over the last six months to the Pennsylvania median for your household size. If you are below median, you qualify outright. If you are above it, deductions for your mortgage, car payments, taxes, childcare, and health costs frequently bring you under anyway.
- Where do Montgomery County bankruptcy cases get filed?
- Montgomery County sits in the Eastern District of Pennsylvania, and cases are handled through the U.S. Bankruptcy Court at 900 Market Street in Philadelphia. Your meeting of creditors (the 341 meeting) is now routinely held by video, so most Montgomery County clients never travel to a courthouse at all.
- Will I lose my house or car if I file in Montgomery County?
- Almost never. Pennsylvania lets you choose the federal exemption set, which protects a substantial amount of home equity, one vehicle, household goods, retirement accounts, and tools of your trade. The large majority of Chapter 7 cases I file are no-asset cases where the client keeps everything they own, as long as they stay current on any mortgage or car loan they want to keep.
- Which debts actually get wiped out?
- Credit cards, medical bills, personal loans, most old utility balances, deficiency balances after a repossession, and judgments from collection lawsuits. Student loans, recent taxes, child support, alimony, and most criminal fines survive — though Chapter 13 can force those into a manageable payment plan while you catch up.
- How fast does creditor harassment stop?
- The moment your case is filed. The automatic stay is federal law: garnishments stop, sheriff's sales are postponed, shutoff notices are suspended, and collection calls have to end. I have filed cases the morning of a scheduled sale to stop it.
- What does bankruptcy cost in Montgomery County?
- Chapter 7 involves a court filing fee, a credit-counseling course, and a flat attorney's fee we can usually spread out before filing. Chapter 13 requires far less up front because most of the fee is paid through the plan. Call (717) 724-7503 and I will tell you what your case costs before you commit to anything.