How do I know what chapter bankruptcy I should file?
1. Chapter 7 Bankruptcy
Eligibility
Chapter 7 bankruptcy is available to individuals with limited income and few assets to repay their debts.
Liquidation
Under Chapter 7, a trustee may sell non-exempt assets to repay your creditors. However, certain assets can be protected through exemptions.
Debt discharge
Chapter 7 typically results in the discharge of most unsecured debts, such as credit cards and medical bills.
Timeframe
Chapter 7 bankruptcy is usually a quicker process, typically lasting a few months.
2. Chapter 13 Bankruptcy
Eligibility
Chapter 13 is available to individuals with a regular income who can create a repayment plan to pay off their debts over time.
Repayment plan
You propose a repayment plan to the bankruptcy court, which usually spans three to five years. It consolidates your debts, allowing you to make affordable monthly payments.
Debt reorganization
Chapter 13 enables you to keep your assets and catch up on missed mortgage or car loan payments. It may also reduce certain types of debt.
Debt discharge
Once you complete the repayment plan, remaining eligible debts may be discharged.
Timeframe
Chapter 13 bankruptcy typically lasts three to five years.
Factors to consider when deciding between Chapter 7 and Chapter 13 bankruptcy:
1. Income and expenses
If your income is below the state median and you have limited disposable income, Chapter 7 may be suitable. If you have a steady income and can afford a repayment plan, Chapter 13 might be a better fit.
2. Assets
Chapter 7 may be preferable if you have few valuable assets or if your assets are protected by exemptions. Chapter 13 allows you to keep your assets while repaying your debts over time.
3. Debt types
Certain debts, such as tax obligations or mortgage arrears, might be better addressed through Chapter 13 bankruptcy.
4. Financial goals
Consider your long-term goals, such as saving your home from foreclosure or restructuring debt, to determine which chapter aligns with your objectives.
