Filing for bankruptcy in Ohio means working within federal bankruptcy law while using Ohio’s own property exemptions, and submitting your case to one of two federal bankruptcy courts: the Northern District or the Southern District. Most individuals file under Chapter 7 or Chapter 13, and your household income compared to Ohio’s median largely decides which one is open to you. The figures below reflect what is in effect for 2026.
Chapter 7 or Chapter 13: Which One Fits
Chapter 7 is liquidation. A court-appointed trustee gathers your non-exempt assets, sells them, and pays creditors from the proceeds; the remaining qualifying debt is wiped out by a court discharge.1United States Courts. Chapter 7 – Bankruptcy Basics Many Ohio Chapter 7 cases are “no-asset” cases because everything the filer owns is covered by the state’s exemptions, so the trustee has nothing to sell. A typical case closes in four to six months.
Chapter 13 is a repayment plan. You keep your property, including things that would not have been exempt in Chapter 7, and pay creditors over three to five years from future income.2United States Courts. Chapter 13 – Bankruptcy Basics It is the usual choice if you have fallen behind on a mortgage or car loan and want to catch up without losing the property.
Plan length depends on income. Below Ohio’s median for your household size, the default is three years, with up to five allowed for good cause. At or above the median, the plan must run five years.3Office of the Law Revision Counsel. 11 USC 1322 – Contents of Plan
The Means Test
Chapter 7 eligibility runs through the means test. It averages your household income over the six months before filing and compares it to Ohio’s median for a household your size. Below the median, you qualify. Above it, a second calculation subtracts IRS-approved living expenses to see whether you have enough disposable income to fund a Chapter 13 plan instead.4United States Department of Justice. Means Testing
For Ohio cases filed between November 2025 and March 2026, the annual median income figures are:5United States Department of Justice. November 1, 2025 Median Income Table
- One earner: $64,541
- Two-person household: $81,578
- Three-person household: $99,876
- Four-person household: $120,531
- Each additional person: add $11,100
These numbers update periodically, so verify the figure in effect on your filing date. Being over the median does not shut you out of bankruptcy; it usually points you toward Chapter 13.
Chapter 13 Debt Limits
Chapter 13 has its own ceiling. For cases filed between April 1, 2025, and March 31, 2028, secured debts cannot exceed $1,580,125 and unsecured debts cannot exceed $526,700. The caps are separate. If either category is over its limit, Chapter 13 is not available, regardless of how much room is left under the other.
What Ohio Lets You Keep
Ohio has opted out of the federal exemption list, so Ohio’s own exemptions are what protect your property in a bankruptcy case.6Ohio Legislative Service Commission. Ohio Code 2329.662 – Federal Exemption Not Authorized They matter most in Chapter 7, where anything not exempt can be sold by the trustee. In Chapter 13, they still shape how much you must pay unsecured creditors through the plan.
The Ohio Judicial Conference adjusts the dollar amounts every three years for inflation. The figures below took effect September 30, 2025, and remain in place through at least early 2028:7Ohio Legislative Service Commission. Ohio Code 2329.66 – Exempted Interests and Rights
- Homestead: up to $125,000 in equity in your primary residence.
- Motor vehicle: up to $3,225 in equity in one vehicle.
- Household goods: up to $525 per item and $10,775 total for furniture, appliances, clothing, and similar possessions.
- Jewelry: up to $1,350 total.
- Tools of the trade: up to $2,025 in work tools, professional books, or equipment.
- Wildcard: up to $1,075 in any property of your choosing (available only in bankruptcy).
Married couples filing jointly can each claim their own set, effectively doubling protection on jointly owned property. A couple could shield up to $250,000 in homestead equity, $6,450 across two vehicles, and so on.
Debts Bankruptcy Will Not Erase
Before you file, know what a discharge cannot touch. Federal law carves out specific categories.8Office of the Law Revision Counsel. 11 U.S. Code 523 – Exceptions to Discharge The common ones:
- Child support and alimony survive both Chapter 7 and Chapter 13.
- Federal and private student loans survive unless you file a separate adversary proceeding and prove undue hardship. The bar remains high even under updated 2022 Department of Education guidance.
- Recent income tax debts generally survive; older taxes may be dischargeable only if specific timing conditions are all met. Fraudulent returns and willful tax evasion are never dischargeable.
- Debts obtained by fraud or false pretenses, including luxury-goods credit card charges over $500 made within 90 days of filing, which are presumed fraudulent.
- Debts for death or personal injury caused by driving while intoxicated.
- Criminal fines, restitution orders, and most government penalties.
A debt you forgot to list also survives unless the creditor had actual knowledge of the case in time to file a claim. Accuracy in the paperwork matters.
How to File
Pre-Filing Credit Counseling
Every individual filer must complete a credit counseling session with a nonprofit agency approved by the U.S. Trustee Program within the 180 days before filing.9Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor The session can be done by phone or online and covers alternatives to bankruptcy. You will get a certificate that has to be filed with your petition. Skip this step and the court cannot accept your case.
Documents to Gather
- Federal tax returns for the two most recent years
- Pay stubs or proof of income for the six months before filing
- A full list of every creditor with mailing address and amount owed
- Records of monthly expenses: rent or mortgage, utilities, insurance, food, transportation
- Statements for all bank, retirement, and investment accounts
The main document is Form 101, the Voluntary Petition for Individuals Filing for Bankruptcy, available on the U.S. Courts website.10United States Courts. Voluntary Petition for Individuals Filing for Bankruptcy It is submitted with schedules covering assets, liabilities, income, expenses, and executory contracts. Everything is sworn under penalty of perjury, so guessing at numbers you could verify is a bad idea.
Where the Case Goes and What It Costs to File
Your petition goes to the federal bankruptcy court for your county. The Northern District covers 40 counties, with offices in Cleveland, Akron, Canton, Toledo, and Youngstown.11United States Bankruptcy Court. Northern District of Ohio The Southern District covers the remaining 48 counties through Columbus, Dayton, and Cincinnati.12United States Bankruptcy Court. Southern District of Ohio Attorneys file electronically; self-represented filers may need to file in person or by mail.
Filing fees are the same nationwide: $338 for Chapter 7 and $313 for Chapter 13.13United States Courts. Bankruptcy Court Miscellaneous Fee Schedule If you cannot afford the fee, you can request installments, or, for Chapter 7 filers with income below 150% of the poverty line, apply for a full waiver.
The Automatic Stay
The moment your petition is filed, the automatic stay takes effect. This federal injunction halts most collection against you: lawsuits, wage garnishments, debt collector calls, utility shutoffs, and foreclosures all stop.14Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay It is not total. Domestic support enforcement, certain tax proceedings, and criminal cases keep moving. But for most consumer debtors, the relief is immediate.
What Happens After You File
Tax Return and the 341 Meeting
No later than seven days before the 341 meeting of creditors, you have to give the trustee a copy of your most recent federal income tax return. Failing to do so can get your case dismissed.15Office of the Law Revision Counsel. 11 USC 521 – Debtor’s Duties
The 341 meeting is required, but it is not held before a judge. The trustee runs it and asks you questions under oath about your finances, assets, and the accuracy of your petition. Creditors can attend and ask questions, though in consumer cases they rarely do.16United States Department of Justice. Section 341 Meeting of Creditors Show up on time, answer honestly, and it is usually finished in under 15 minutes.
Debtor Education Course
After filing, you must complete a second course called debtor education or financial management, separate from the pre-filing counseling and taken from a U.S. Trustee-approved provider.17United States Courts. Credit Counseling and Debtor Education Courses In Chapter 7, the certificate must be filed within 60 days after the first date set for the 341 meeting. In Chapter 13, it must be filed before your final plan payment.18United States Courts. Certification About a Financial Management Course Missing this deadline is one of the most common reasons people never get their discharge.
Discharge
In Chapter 7, the discharge order usually comes four to six months after filing and permanently eliminates your personal liability for dischargeable debts. In Chapter 13, the discharge comes at the end of the plan, three to five years out, and covers a somewhat broader range of debts than Chapter 7.
What It Actually Costs
The court filing fee is only part of the picture. Most Ohio Chapter 7 filers pay $900 to $1,500 in attorney fees on top of the $338 filing fee. Complex cases with significant assets or contested matters cost more. Credit counseling and debtor education courses typically run $25 to $50 each.
Chapter 13 cases cost more in legal fees because the lawyer drafts and administers a multi-year plan. The Southern District of Ohio uses a presumptive “no-look” attorney fee of $4,350, which the court approves without detailed billing justification.19GovInfo. Southern District of Ohio Bankruptcy Court Order In Chapter 13, attorney fees can be rolled into the repayment plan rather than paid upfront.
Credit Impact and When You Can File Again
Under the Fair Credit Reporting Act, a Chapter 7 can remain on your credit report for up to ten years from the filing date. A completed Chapter 13 is generally removed after seven.20United States Bankruptcy Court. Credit Report, How Do I Get a Bankruptcy Removed From My Report? Most people see meaningful score improvement within two to three years of discharge if they handle new credit carefully.
If you need to file again, federal waiting periods control when you can receive another discharge:21Office of the Law Revision Counsel. 11 USC 727 – Discharge
- Chapter 7 after Chapter 7: eight years between filing dates.
- Chapter 13 after Chapter 7: four years from the Chapter 7 filing date to the Chapter 13 filing date.
- Chapter 7 after Chapter 13: six years, unless your Chapter 13 plan paid 100% of unsecured claims or at least 70% in a good-faith, best-effort plan.
- Chapter 13 after Chapter 13: two years between filing dates.
These periods apply to receiving a discharge, not to filing. You can file a new case sooner, but without a discharge the main benefit is the temporary protection of the automatic stay.