Practice area
Chapter 7 vs. Chapter 13
| Chapter 7 | Chapter 13 | |
|---|---|---|
| Typical length | 3-6 months | 3-5 years |
| Core idea | Nonexempt assets may be sold; qualifying debts are discharged | Pay a portion of debts through a plan; keep your property |
| Income requirement | Eligibility involves a means test | Must demonstrate regular income to fund plan payments |
| Your property | Most filers exempt everything they own | No liquidation process — you keep and use your property |
| Monthly payment | No plan payment | Generally determined by disposable income, not what you owe |
There is no easy way to determine which chapter is right for you. Each case is different, and the individual facts must all be closely analyzed.
Where to next
Understand discharge, the means test, exemptions and how the Chapter 7 process works.
Read moreExplore repayment plans, mortgage arrears and options for protecting important assets.
Read moreUnderstand your rights when debt collectors cross the line.
Read moreRedemption, cramdown and options before or after a repossession.
Read moreHow certain junior mortgages may be canceled through a Chapter 13 case.
Read moreWhen you retain our services for Chapter 7 bankruptcy, we guarantee that we will do our best to evaluate your case and properly represent you. We will refund the attorney's fees you pay to our firm if you file a Chapter 7 case that is dismissed without receiving a discharge.
Full terms and conditions* From 2010 through 2019, only 5.6% of our Chapter 13 cases were dismissed after our client failed to complete the plan payments. The average dismissal rate for other firms in the Middle District of Pennsylvania over the same period was 46.7%.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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