Chapter 7 Bankruptcy vs. Chapter 13 Bankruptcy
Personal Bankruptcy Options: What's the Difference?
CHAPTER 7(Liquidation) |
CHAPTER 13(Adjustment of debts for an individual with regular income) |
| Chapter 7 is commonly used when: |
Chapter 13 is commonly used when: |
| You have little property except for the basic necessities like furniture and clothing. |
You have significant equity in a home or other property and you want to keep it. |
| You have little or no money left after paying basic expenses each month-or you're not even meeting basic expenses. |
You have regular income and can pay your living expenses, but you can't keep up the scheduled payments on your debts. |
| Advantages of Chapter 7: |
Advantages of Chapter 13: |
| Most unsecured debts can be discharged (completely eliminated) |
You can keep most of your property while spreading out time to pay past due accounts |
| The process moves quickly-you may receive your discharge in just a few months |
You'll have 3-5 years to catch up delinquent accounts-according to a schedule that you and the bankruptcy trustee have agreed is workable for you. |
| Creditors can't contact you while the automatic stay is in effect-or after debts are discharged. |
You'll make one monthly payment to the bankruptcy trustee for distribution-you'll have no direct contact with creditors during the protection period of 3-5 years. |
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Co-signers may be protected |
| Who can file under Chapter 7? |
Who can file under Chapter 13? |
| Debtors who have qualified under the 'means test' and completed a required pre-filing session with a credit counselor may file for Chapter 7 bankruptcy protection. |
Any individual debtor whose unsecured debts are below $336,900 and whose secured debts are less than $1,010,650. |
| Learn More About Chapter 7 » |
Learn More About Chapter 13 » |
Which Bankruptcy Is Best for Me?
Need help determining whether Chapter 7 or Chapter 13 bankruptcy may make more sense for you? If so, there's no need to worry.
At Total Bankruptcy, we can connect you with a nearby bankruptcy attorney who can help you examine whether Chapter 7 liquidation or a Chapter 13 repayment plan may be a better solution for addressing your debt.
Simply fill out our free bankruptcy case evaluation form below - it's free and takes no time. Upon receiving your information, we'll connect you with one of our sponsoring bankruptcy lawyers in your area as soon as possible.
The above summary of personal bankruptcy laws is by no means all-inclusive and is not intended to serve as legal advice. Laws may have changed since our last update. For the latest information on bankruptcy laws, speak to a local bankruptcy lawyer in your state.
