Means test determines which chapter you qualify forChapter 7 (fast, full discharge) requires passing a means test — if your income exceeds the CA median, you may only qualify for Chapter 13 (3–5 year repayment plan). An attorney can run this calculation free at the initial consultation. Knowing which chapter applies determines both the cost and the timeline of your case.
The automatic stay is immediate and powerfulFiling bankruptcy triggers the automatic stay — all collection calls, wage garnishments, bank levies, foreclosure proceedings, and civil lawsuits against you must stop immediately upon filing. This protection applies regardless of which chapter you file. For anyone facing imminent garnishment or foreclosure in San Diego, the automatic stay alone is often worth the filing cost.
Exemptions determine what you keepCA's bankruptcy exemptions determine which assets are protected in Chapter 7. Homestead exemptions (which protect home equity) vary dramatically by state — Texas and Florida offer unlimited homestead exemptions; other states cap at $25,000–$250,000. A San Diego bankruptcy attorney calculates your specific exemption position before recommending Chapter 7.
Credit recovery is faster than most people expectBankruptcy stays on your credit report for 7–10 years, but many San Diego filers find their credit score improves within 1–2 years of discharge. The debt-to-income improvement and clean payment history post-discharge drive recovery. Secured credit cards and credit-builder loans are the standard first steps. Bankruptcy is not a permanent credit death sentence.
Chapter 13 saves homes that Chapter 7 cannotChapter 7 discharges debt but cannot eliminate mortgage arrears. Chapter 13 allows you to cure mortgage arrears over 3–5 years while keeping the home — it's the primary mechanism for stopping foreclosure and reinstating a mortgage in San Diego. For homeowners with significant equity, Chapter 13's ability to protect the home often justifies its higher complexity and cost.