How to File Bankruptcy in Pennsylvania: Step by Step

1. Credit counseling. Complete an approved credit-counseling briefing within 180 days before filing (11 U.S.C. § 109(h)). It typically takes 60–90 minutes, online or by phone, and the certificate is filed with the petition.

1. Gather your documents. Six months of pay stubs or other income records, two years of tax returns, every bill and collection letter, bank statements, and a list of everything you own and everything you owe.

1. Take the means test and choose a chapter. The means test under 11 U.S.C. § 707(b) compares your household income to the Pennsylvania median and decides whether Chapter 7 is available. If your income is below the Pennsylvania median, there is no presumption of abuse and Chapter 7 is generally available (11 U.S.C. § 707(b)(7)); the court can still dismiss a case filed in bad faith (§ 707(b)(3)). Above the median, a second calculation of allowed expenses decides, and Chapter 13 is the fallback. Our free [Pennsylvania means test calculator](/means-test) runs the first stage in about two minutes.

1. Pick the right court. Bankruptcy is federal, and Pennsylvania has three districts — Eastern, Middle and Western (28 U.S.C. § 118). You file in the district that covers your county. Eastern District: courthouses in Philadelphia and Reading. Middle District: staffed offices in Harrisburg and Wilkes-Barre, plus a Williamsport division. Western District: Pittsburgh, Erie and Johnstown.

1. File the petition, schedules and fee. The petition, schedules and statement of financial affairs are filed electronically. The filing fee is $338 for Chapter 7 and $313 for Chapter 13. In Chapter 7 you may ask the court to waive the fee if your household income is below 150% of the federal poverty guidelines and you cannot pay in installments (28 U.S.C. § 1930(f)). Otherwise you can usually pay in up to four installments within 120 days (Fed. R. Bankr. P. 1006(b)).

1. The automatic stay begins. The moment the petition is filed, 11 U.S.C. § 362 stops collection calls, lawsuits, garnishments, repossessions and sheriff's sales. Creditors are notified by the court. Exceptions apply — for example, garnishment for domestic support obligations continues (11 U.S.C. § 362(b)(2)(C)), and the stay is limited or does not take effect for people who had a case dismissed within the past year (§ 362(c)(3)–(4)).

1. Attend the 341 meeting of creditors. The trustee's meeting is set 21–40 days after filing in Chapter 7 and 21–50 days in Chapter 13 (Fed. R. Bankr. P. 2003). In the Middle District, 341 meetings are generally held by Zoom (U.S. Trustee Program, [Region 3](https://www.justice.gov/ust/ust-regions-r03/region-3-section-341-meetings-0)). You answer a short set of questions under oath, and it typically lasts five to ten minutes.

1. Plan confirmation (Chapter 13 only). In Chapter 13, the court holds a confirmation hearing and approves the repayment plan under the standards in 11 U.S.C. § 1325. Chapter 7 cases skip this step entirely.

1. Financial management course. A second, different course — debtor education — is required before discharge (11 U.S.C. §§ 727(a)(11), 1328(g)). It is filed on Official Form 423.

1. Discharge. In Chapter 7, the discharge is usually entered shortly after the 60-day objection deadline that follows the first 341 date (Fed. R. Bankr. P. 4004) — roughly three to four months from filing. In Chapter 13, the discharge comes after the final plan payment, three to five years out.

Do: keep records of every debt and every dollar of income; tell your attorney about every asset, including the ones you think don't count; keep paying the mortgage and car loan if you intend to keep the house and car; and ask before you act — a five-minute question is cheaper than unwinding a mistake.

Do not: cash out a 401(k) or IRA to pay credit cards (retirement funds are protected; cash may not be); transfer property to relatives or repay a family loan before filing (the trustee can reverse both); run up new charges or take cash advances in the months before filing (recent luxury purchases and cash advances can be excepted from discharge under 11 U.S.C. § 523(a)(2)); or ignore a sheriff's sale date or garnishment order — those are the moments to call, not wait.

Chapter 7:

• Credit counseling — within 180 days before filing
• Filing — day 0; the automatic stay starts immediately
• 341 meeting — 21–40 days after filing
• Objection deadline — 60 days after the first 341 date
• Discharge — usually shortly after that deadline; about 3–4 months total

Chapter 13:

• Credit counseling — within 180 days before filing
• Filing — day 0; the automatic stay starts immediately
• 341 meeting — 21–50 days after filing
• Plan confirmation — typically within a few months of filing
• Plan payments — 36–60 months
• Discharge — after the final plan payment and the financial management course

Federal law allows you to file on your own, and our [guide to filing bankruptcy without a lawyer in Pennsylvania](/file-bankruptcy-without-a-lawyer-pa) explains honestly what that involves. The short version: the forms are public, but the exemption choices, the means test, and the timing rules are where pro se cases go wrong. A consultation is free, and you will leave it knowing whether your case is simple enough to consider handling yourself.

Primary sources for the rules and figures on this page:

• [11 U.S.C. § 109 — Who may be a debtor (Cornell LII)](https://www.law.cornell.edu/uscode/text/11/109)
• [11 U.S.C. § 362 — Automatic stay (Cornell LII)](https://www.law.cornell.edu/uscode/text/11/362)
• [11 U.S.C. § 523 — Exceptions to discharge (Cornell LII)](https://www.law.cornell.edu/uscode/text/11/523)
• [11 U.S.C. § 707 — The means test (Cornell LII)](https://www.law.cornell.edu/uscode/text/11/707)
• [11 U.S.C. § 727 — Chapter 7 discharge (Cornell LII)](https://www.law.cornell.edu/uscode/text/11/727)
• [11 U.S.C. § 1328 — Chapter 13 discharge (Cornell LII)](https://www.law.cornell.edu/uscode/text/11/1328)
• [28 U.S.C. § 118 — Pennsylvania's bankruptcy districts (Cornell LII)](https://www.law.cornell.edu/uscode/text/28/118)
• [28 U.S.C. § 1930 — Bankruptcy fees (Cornell LII)](https://www.law.cornell.edu/uscode/text/28/1930)
• [Fed. R. Bankr. P. 1006 — Filing fee installments and waiver (Cornell LII)](https://www.law.cornell.edu/rules/frbp/rule_1006)
• [Fed. R. Bankr. P. 2003 — Meeting of creditors (Cornell LII)](https://www.law.cornell.edu/rules/frbp/rule_2003)
• [Fed. R. Bankr. P. 4004 — Grant or denial of discharge (Cornell LII)](https://www.law.cornell.edu/rules/frbp/rule_4004)
• [Official Bankruptcy Forms (uscourts.gov)](https://www.uscourts.gov/forms/bankruptcy-forms)
• [U.S. Bankruptcy Court — Middle District of Pennsylvania](https://www.pamb.uscourts.gov/)