What makes a bankruptcy case simple or complicated?

Not the size of the debt. Complexity lives in features: income above the median, a house with meaningful equity, a business, recent transfers or family repayments, tax years, prior filings, lawsuits mid-flight, cosigners to protect. Zero features is the routine four-month Chapter 7. Each feature adds analysis, not doom — but knowing your count tells you what kind of help you need and what questions to ask.

In this answer
  1. Why $80,000 can be simpler than $8,000
  2. The feature list
  3. Reading your count
  4. The bottom line

Why $80,000 can be simpler than $8,000

A filer with $80,000 in cards and medical bills, a rented apartment, a modest car, and below-median wages has a textbook case: everything dischargeable, everything exempt, four months, done. A filer with $8,000 in debt, a jointly-owned house with equity, a repaid loan to Dad, and an unfiled tax year has four separate analysis problems. The system prices analysis, not balances.

The feature list

Count yours, honestly:

  • Income above your state’s median — the long-form means test, with judgment calls (the above-median answer explains)
  • A house with equity near or over your state’s exemption — the highest-stakes feature there is
  • A business, present or recent — assets, guarantees, payroll taxes
  • Money moved in the past year-plus — transfers, family repayments, big purchases (the what-gets-cases-in-trouble answer covers why)
  • Tax debt or unfiled returns — a calendar puzzle with real openings
  • A prior bankruptcy — clocks and stay limits
  • Active lawsuits, garnishments, or a sale date — speed becomes its own feature
  • Cosigners you want to protect, or a divorce decree entangled with the debts
  • Expected money — refunds, inheritances, claims

Reading your count

Zero or one: the routine case; a competent consumer practice handles it smoothly, and the do-I-need-a-lawyer answer’s self-filing discussion is at least relevant reading. Two or three: entirely normal — most real cases live here — but this is squarely attorney territory, and your features should headline the consultation. Several: you’re not doomed, you’re interesting, and interesting cases reward the experienced practitioner and punish the volume mill. Ask directly: “how often do you handle cases with a business / this much equity / tax years like mine?”

Two cautions on self-scoring. Features hide: people forget the repaid loan, misjudge the equity, or don’t know a decree clause is a debt — which is why the count is a preparation tool, not a verdict. And features interact: equity plus above-median income might point at Chapter 13 for reasons neither feature shows alone. The count tells you what to bring up; what it means is exactly the judgment you’re hiring.

The bottom line

Build your feature count from the know-your-numbers lists, say it out loud in the first five minutes of a consultation, and you’ve done the triage that makes everything after it better. Simple cases deserve to be treated simply; complicated ones deserve to be spotted early. Both start with you knowing which you’re holding.

Sources

This is general information, not legal advice. The right answer for you depends on details a website cannot see, and rules vary by state and by court.

More in Before you hire a lawyer or back to the Library.