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Which is Better, Chapter 7 Bankruptcy or Chapter 13 Bankruptcy?

The Most Frequently Asked Question in Bankruptcy

“Which is better, Chapter 7 or Chapter 13?” is a bit of a trick question. The answer is, of course, that it depends on what you are eligible for, what your income is, what your debts are, and your goals. All of these factors play a part in determining which chapter is better for your specific situation.

When Chapter 7 Bankruptcy is Better Than Chapter 13 Bankruptcy

Chapter 7 is better, generally, for people who have lower income, few assets, and can afford to stay current on things they need to keep, like their car.

A Chapter 7 bankruptcy is relatively quick, about 5 months from beginning to end, and is less expensive than Chapter 13. If your income is under the median income for your family size, you will probably qualify for Chapter 7.

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When Chapter 13 is Better Than Chapter 7

Chapter 13 is better, generally, when your income is over the median, and you want to keep property that you have fallen behind on.

If you’re behind on your car or house payments, a Chapter 13 bankruptcy will allow you to catch up on those payments over 3 to 5 years. Better than a Chapter 7 bankruptcy in some cases, the Chapter 13 bankruptcy can lower your car payment if you qualify, and can “strip off” second mortgages and home equity lines of credit, if you qualify.

Chapter 7 vs Chapter 13 on a Credit Report

One downside of filing either Chapter 7 or Chapter 13 is a delay in getting some loans. Mortgage lenders often require that you wait two to three years after discharge before getting a new mortgage loan, and other large loans may take some time to qualify for.

But, by taking the proper steps to rebuild your credit after bankruptcy, you’ll find that there is much less of a downside to filing bankruptcy, and you could obtain a credit score of over 650 within a year of your bankruptcy discharge.

Contact the Richard West Law Office and get a free consultation from a board certified consumer bankruptcy specialist today.

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Useful Calculators

Here are two helpful calculators for managing your debt repayments and Chapter 13 commitments.

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