Who Pays for Bankruptcies? - Upsolve (2024)

In a Nutshell

When individuals find themselves in debt, bankruptcy can be a solution that gives you a fresh start. But when someone files for bankruptcy, who pays for it? Learn more here.

Who Pays for Bankruptcies? - Upsolve (1)

Written by the Upsolve Team.
Updated January 23, 2024

If you are faced with overwhelming debt, you’re not alone. Many Americans today are drowning in financial burden and are in need of a solution. Fortunately, filing for bankruptcy can be the answer to all of your financial problems and provide you with the relief that you need. Once you’ve made the decision to file for bankruptcy and start fresh, you may wonder who exactly pays for bankruptcies? Where does all of that money go?

Bankruptcy Pays for Itself

Filing for bankruptcy isn’t completely free. So, oftentimes, bankruptcy pays for itself. Between petition fees, liquidation of assets, and for some, repayments plans, a portion of the debt owed is paid through the bankruptcy process alone.

Cost of Personal Bankruptcies

Although the bankruptcy process does help pay for the debt, it typically only attributes a small portion of what was originally owed. So, the company that an individual owes money to usually has to absorb their losses. Sometimes, this can lead to the temporary raises in operating costs or a long term overall costs to consumers.

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Cost of Corporate Bankruptcies

When a company files for bankruptcy the result can have societal impacts. Oftentimes, this results in job losses and increased prices of goods. So, when it comes to corporate bankruptcies, the employees and consumers are typically the ones who are helping pay for the debt through layoffs and a more expensive product.

Should I File for Bankruptcy?

Filing for bankruptcy can be a tough decision. With many options to weigh, bankruptcy may be the solution that you have been looking for. If you’re drowning in crippling debt and are unable to repay your debt in the foreseeable future, then bankruptcy can be the lifeline that you need.

Let Upsolve Help

If you’ve made the decision to file for bankruptcy, Upsolve can help. We offer a totally free online bankruptcy tool and access to expert bankruptcy attorneys for qualified individuals. If you do not qualify for our free services, we can also set you up with a knowledgeable, paid lawyer, and you’ll receive a free consultation before you file for bankruptcy. Complete our quick and easy form to see if you qualify for our free services. We look forward to helping you take back control of your finances and start fresh.

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Who Pays for Bankruptcies? - Upsolve (5)

The Upsolve Team

Upsolve is fortunate to have a remarkable team of bankruptcy attorneys, as well as finance and consumer rights professionals, as contributing writers to help us keep our content up to date, informative, and helpful to everyone.

Who Pays for Bankruptcies? - Upsolve (2024)

FAQs

Who ends up paying for bankruptcies? ›

When an individual files for bankruptcy, they are typically responsible for paying the costs of the bankruptcy process. The cost of filing for bankruptcy can vary depending on several factors, including the type of bankruptcy, the complexity of the case, and the location of the bankruptcy court.

Do taxpayers end up paying for bankruptcies? ›

So Who Actually Pays for Bankruptcies? The person who files for bankruptcy is typically the one that pays the court filing fee, which partially funds the court system and related aspects of bankruptcy cases. Individuals who earn less than 150% of the federal poverty guidelines can ask to have the fee waived.

How does Upsolve make money? ›

LSC funding helps us build and maintain our free tool. Second, we receive funding from charitable foundations and individuals. Some of these individuals are wealthy people who want to give back. Some of them are Upsolve users who want to pay it forward.

What bills go away with bankruptcies? ›

Loans, medical debt and credit card debt are generally all able to be discharged through bankruptcy. Tax debt, alimony, spousal or child support and student loans are all typically ineligible for discharge.

Do you lose everything after a bankruptcies? ›

No one loses all of their property when filing for bankruptcy. Find out if you can keep your house, car, and other assets in bankruptcy. Don't worry—you won't lose everything in bankruptcy. Most people can keep household furnishings, a retirement account, and some equity in a house and car in bankruptcy.

Who pays for bankruptcies in the US? ›

Fees paid when filing for bankruptcy

Court fees — You will need to pay a filing fee at the beginning of your case and may incur additional fees as the case progresses. Attorney fees — Your attorney will charge you for time and expenses representing you in the case. Legal fees must be reasonable.

Is it cheaper to file Chapter 7 or 13? ›

What Is the Cheapest Type of Bankruptcy? Not only are the fees of Chapter 7 bankruptcy lower, but you also end up paying less to your creditors. While Chapter 7 only requires that you pay the value of your liquidated assets, a Chapter 13 bankruptcy could result in you paying far more over three to five years.

Does the IRS know when you file bankruptcies? ›

If you listed the IRS as a creditor in your bankruptcy, the IRS will receive electronic notice about your case from the U.S. Bankruptcy Courts within a day or two of the petition date.

Should you ever file for bankruptcies? ›

Key Takeaways. It may be time to file for bankruptcy when your bills have become unmanageable and you have no other options to pay your debt. Filing for bankruptcy has negative consequences that can last for years.

Does Upsolve really work? ›

Yes! Upsolve is 100% a legitimate service! We are a small mission-driven team of dedicated individuals, focused on a single goal: Helping low-income Americans struggling with too much debt get a fresh start by filing a Chapter 7 bankruptcy.

Can you withdraw money before filing bankruptcies? ›

The intent of hiding your money from the bankruptcy trustee through bank withdrawals is considered bankruptcy fraud. You are putting your bankruptcy case at risk. Aside from losing your discharge, you may even be prosecuted for your crime.

What happens when a non profit files bankruptcies? ›

Once the process begins, the nonprofit must, to the extent possible, stop doing business and wind up its affairs to pay its debts and liabilities out of its remaining assets. Certain nonprofit property may be subject to distribution restrictions as outlined in “Treatment of Gifts and Donations in Bankruptcy” below.

How often are bankruptcies denied? ›

“In my experience, about 15% don't even get approved. From there, they can be dismissed before the process is completed for a lot of reasons.” Why would a Chapter 7 bankruptcy be denied and how can you avoid it? Let's take a look.

What cannot be wiped out by bankruptcies? ›

Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.

What assets do you lose in Chapter 7? ›

Chapter 7 bankruptcy is a type of bankruptcy filing commonly referred to as liquidation because it involves selling the debtor's assets in bankruptcy. Assets, like real estate, vehicles, and business-related property, are included in a Chapter 7 filing.

How are debts paid in bankruptcies? ›

A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.

Which creditors get paid first in a Chapter 7? ›

Chapter 7 bankruptcy allows liquidation of assets to pay creditors. Unsecured priority debt is paid first in a Chapter 7, after which comes secured debt and then nonpriority unsecured debt.

What happens 10 years after bankruptcies? ›

The law states that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten (10) years from the date the bankruptcy case is filed. Generally, bad credit information is removed after seven (7) years.

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