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DEBT

What’s the difference between Chapter 7 and Chapter 13 bankruptcy?

SHORT ANSWER

Chapter 7 wipes out most unsecured debt quickly by liquidating non-exempt assets. Chapter 13 sets up a 3-5 year repayment plan, letting you keep assets and catch up on things like a mortgage.

The two main consumer bankruptcies work very differently. Chapter 7 ("liquidation") discharges most unsecured debts — credit cards, medical bills — relatively fast, but you must pass an income means test and may give up non-exempt property. Chapter 13 ("reorganization") is for people with regular income who want to keep assets: you repay some or all debt over 3-5 years through a court-approved plan, which can stop foreclosure and let you catch up on a mortgage. Which fits depends on your income, assets, and goals.

What to do, in order

  1. Assess your income against the Chapter 7 means test.
  2. List which assets are exempt vs. non-exempt in your state.
  3. Decide if you need to keep assets (favors Chapter 13).
  4. Understand which debts are dischargeable in each.
  5. Consult a bankruptcy attorney before filing — stakes are high.

Common questions

Which bankruptcy is faster, Chapter 7 or 13?

Chapter 7 is typically much faster — often a few months — while Chapter 13 involves a 3-5 year repayment plan before discharge.

Can I keep my house in bankruptcy?

Chapter 13 is often used specifically to keep a home and catch up on missed mortgage payments; Chapter 7 may risk non-exempt equity depending on your state’s exemptions.

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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.