Pennsylvania Bankruptcy Guide

Chapter 7 Bankruptcy in Pennsylvania

Pennsylvania is one of few states that allows debtors to choose between state and federal exemption systems. Choosing wisely can make the difference between keeping your home equity or losing it to the bankruptcy trustee.

Get Bankruptcy Documents — $97PA Legal Documents

$338

Filing Fee

4–6 mo.

Typical Discharge

State OR Federal

Your Choice

3 Districts

Court Locations

State vs. Federal Exemptions: Which Should You Choose?

Pennsylvania is an "opt-out" state — but unlike most states, it did not opt out of the federal bankruptcy exemption system. Pennsylvania debtors may choose either the Pennsylvania state exemptions or the federal bankruptcy exemptions under 11 U.S.C. § 522(d), but not a mix of both. Joint filers must use the same system.

Critical decision: Pennsylvania state exemptions are extremely limited — there is no homestead exemption for regular debtors (only limited protection for judgments under 42 Pa.C.S. § 8123). Most Pennsylvania debtors benefit significantly from choosing the federal exemptions, which include a $27,900 homestead exemption.

Federal Exemptions (recommended for most PA filers)

  • Homestead: $27,900 (doubled to $55,800 for joint filers)
  • Motor vehicle: $4,450
  • Household goods: $700/item, $14,875 total
  • Jewelry: $1,875
  • Tools of trade: $2,800
  • Wildcard: $1,475 + up to $13,950 of unused homestead
  • Retirement: Unlimited (ERISA-qualified)
  • Life insurance: $14,875 loan value

Pennsylvania State Exemptions (rarely advantageous)

  • Homestead: $0 for regular debtors (limited judgment exemption only)
  • Personal property: $300 total
  • Wages: 100% of wages earned but unpaid (42 Pa.C.S. § 8127)
  • Retirement / pension: Unlimited for public employee pensions; ERISA plans separately protected
  • Unemployment / workers comp: 100% exempt
  • Life insurance: Fully exempt (policy owned by insured)

The Means Test for Pennsylvania

To qualify for Chapter 7, complete Form 122A-1 (and 122A-2 if above median). The test uses your average monthly income over the 6 months before filing.

Pennsylvania Median Income (2024–2025)

$65,412

1 person

$83,520

2 people

$100,836

3 people

$116,880

4 people

Add ~$9,900 per additional person beyond 4. Source: U.S. Trustee Program. Verify current amounts at justice.gov/ust.

1

Below median → automatic Chapter 7 qualification

If your annualized 6-month average income is at or below the PA median for your household size, you pass the means test automatically.

2

Above median → complete Form 122A-2 expense deductions

Subtract IRS National and Local Standards (housing, food, transportation) plus actual secured debt payments. If remaining disposable income falls below the statutory threshold, you still qualify for Chapter 7.

3

Still above threshold → Chapter 13 may be required

A presumption of abuse arises. You may convert to Chapter 13 or file a special circumstance rebuttal. Chapter 13 requires a 3–5 year repayment plan.

Pennsylvania Bankruptcy Court Locations

Pennsylvania has three federal bankruptcy districts. File in the district where you have lived for the greater part of the 180 days before filing.

Eastern District of Pennsylvania

Philadelphia

900 Market St., Philadelphia, PA 19107

Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, Northampton, Schuylkill

Middle District of Pennsylvania

Harrisburg / Wilkes-Barre

228 Walnut St., Harrisburg, PA 17101

Adams, Bradford, Cameron, Carbon, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming, York

Western District of Pennsylvania

Pittsburgh / Erie

5414 US Steel Tower, 600 Grant St., Pittsburgh, PA 15219

Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Venango, Warren, Washington, Westmoreland

What Debts Are Discharged?

Generally Dischargeable

  • Credit card balances
  • Medical and hospital bills
  • Personal and payday loans
  • Utility arrears (prior accounts)
  • Lease deficiencies after repossession
  • Most civil court judgments
  • Business debts (sole proprietor)

Generally Not Dischargeable

  • Income taxes (past 3 years)
  • Child support and alimony
  • Student loans (without undue hardship)
  • Debts from fraud or false pretenses
  • DUI-related injury or death judgments
  • Criminal fines and restitution
  • Debts from willful and malicious injury

Pennsylvania Chapter 7 Filing Process

1

Complete Credit Counseling (within 180 days before filing)

Complete a course from a U.S. Trustee-approved credit counseling agency. You receive a certificate that must be filed with your petition. Providers are listed at justice.gov/ust.

2

Choose Your Exemption System (State or Federal)

Decide between Pennsylvania state exemptions and federal exemptions (11 U.S.C. § 522(d)). For most PA filers, federal exemptions are substantially more protective. You must choose one system — you cannot mix both. Joint filers must use the same system.

3

Complete Required Forms

Official Forms required: 101 (Voluntary Petition), Schedules A/B (real and personal property), Schedule C (exemptions — mark whether federal or state), Schedules D/E/F (secured, priority, and unsecured creditors), Schedules I/J (income and expenses), Statement of Financial Affairs (SOFA), and Forms 122A-1 / 122A-2 (means test). Filing fee: $338.

4

File Petition and Receive Automatic Stay

File at the appropriate Pennsylvania district court. Upon filing, the automatic stay (11 U.S.C. § 362) immediately halts most collection actions including lawsuits, wage garnishments, foreclosures, repossessions, and collection calls.

5

341 Meeting of Creditors (~21–40 days after filing)

Attend the 341 meeting before the U.S. Trustee. Bring government-issued photo ID and proof of Social Security number. You will be sworn in and answer questions about your petition under oath. Creditors may attend but typically do not in straightforward no-asset cases.

6

Complete Debtor Education Course

Complete the required personal financial management course and file Form 423 (Certificate of Completion) within 60 days of the 341 meeting. Failure to file Form 423 in time can result in your case being closed without a discharge.

7

Discharge Order (60–90 days after 341 meeting)

If no creditor objections are sustained and the trustee finds no non-exempt assets, you receive a discharge order. Total process from filing to discharge typically runs 4–6 months.

Free Legal Help in Pennsylvania

Community Legal Services (CLS)

215-981-3700

Philadelphia; bankruptcy legal aid for low-income residents

Neighborhood Legal Services

412-255-6700

Pittsburgh / Allegheny County area

Pennsylvania Legal Aid Network

1-800-322-7572

Referrals to local legal aid offices statewide

PA Bar Lawyer Referral Service

1-800-692-7375

Low-cost consultations; $35 initial consult fee

Eastern District PA Bankruptcy Court

paeb.uscourts.gov

Pro se resources, self-help center in Philadelphia

U.S. Trustee Program

justice.gov/ust

Approved credit counseling and debtor education providers

Ready to File?

Pennsylvania Bankruptcy Documents

Complete Chapter 7 bankruptcy petition packet — all official forms, means test worksheets, federal and state exemption schedules, and plain-English filing instructions for all three Pennsylvania districts.

Get Pennsylvania Bankruptcy Documents — $97

For informational purposes only. Not legal advice. Consult an attorney for your specific situation.

Related Resources

Pennsylvania Divorce Guide

23 Pa.C.S. § 3301 grounds, equitable distribution, and uncontested process.

Pennsylvania Expungement Guide

18 Pa.C.S. § 9122 eligibility, Limited Access petitions, and Clean Slate.

Pennsylvania Child Custody Guide

23 Pa.C.S. § 5321 custody types, best-interest factors, and PPP process.

Pennsylvania Legal Documents

Full catalog of Pennsylvania court-ready legal document packages.