Chapter 7 and 13 Comparison

Consumer bankruptcy law can be complex. It’s good to consult with an experienced attorney about bankruptcy alternatives and the impact your choice will have on your financial future. A Chapter 7 and 13 comparison in the broadest sense shows Chapter 7 bankruptcy to be the faster, more affordable bankruptcy. It is best for individuals with restricted assets who may be okay with losing unexempt personal assets to repay debt.

Chapter 13 is for people with consistent income and allows for debt restructuring (interest rates and payment periods), catching up on missed payments, retaining personal assets and providing time to rebuild with protection. Both stay on your credit report for seven to ten years. The following diagram helps explain details.

 
Type of BankruptcyChapter 7Chapter 13
WhoIndividuals &
Businesses
Individuals only
PurposeLiquidationAdjustment, reorganization, time to make payments
AmountMost debts completely discharged.Pay percentage of debt owed. Reduce interest rates and consolidate some debts.
PropertyOnly exempt items are kept.

If a debtor wants to keep an item like a car, payments must continue on that item.
All property is retained but the payments must be made or the lender can continue with foreclosure.
Time frame3-5 months3-5 years upon completion of all plan payments
TrusteeCourt appointed to determine whether there are unexempt assets which can be administered.Court appointed to determine whether there are unexempt assets which can be administered.
CreditStays on your credit for up to 10 years. Ask us about our partnership with "720 credit score."Stays on your report for up to 7 years post discharge.  Ask us about our partnership with 720 credit score.
ProsAllows debtors to quickly discharge most debts and get a fresh start.Allows debtors to keep their property and catch up on missed payments – mortgage, car, etc.
ConsTrustee can sell non-exempt property. No way to catch up on missed payments; can lose personal property.Must make monthly payments to the trustee for 3-5 years.
Eligibility RestrictionsLimited by disposable income.  Must pass the Chapter 7 means test.Must have regular income.  Must not be above the Chapter 13 debt limit.

Joshua Curtis
Joshua Curtis
Robert Casteel
Robert Casteel
palmer
Steve Palmer

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