Chapter 7 Vs. Chapter 13
Chapter 7
Most people who file bankruptcy file a Chapter 7. Chapter 7 bankruptcies discharge most kinds of debt incurred prior to the time of filing. Only those who make below the median income for their household size are eligible for a Chapter 7. While a Chapter 7 “wipes out” most debt, it is possible that you will have to give up some of your assets depending on how much they are worth. I italicized “possible” because California exemptions are generous, so most of my clients who file a Chapter 7 keep all of their assets.
Chapter 13
If you make over the median income for your household size, you’ll be filing a Chapter 13. Chapter 13’s entail paying back some of your debt over a 5-year span. The court’s reasoning here is that you should pay off the amount of debt you can afford. The court will look at your ability to repay your debt through a process called a “means test.” Even if the court decides that you should pay 100% of your debt, there are still advantages to paying back your debt using a Chapter 13. The biggest advantage is that you don’t have to pay back the interest on most unsecure debts (such as credit cards or medical debt). Another advantage of filing a Chapter 13, even if you have to pay back all of your debt, is that sometimes creditors don’t file the necessary paperwork to get paid. In those situations, the creditor does not get paid and the unsecure debt goes away. Most people who qualify for a Chapter 7 chose to file under that title, though there are a few exceptional circumstances where one might want to file under a Chapter 13. For example, if you want to keep an asset which would be liquidated in a Chapter 7. Going with a Chapter 13 can also help reduce a car payment if you want to keep your vehicle.
Chapter 7 vs. Chapter 13
If you are considering bankruptcy it is important to make an informed decision about your debt relief options. Contact one of our Auburn bankruptcy lawyers today to find out which bankruptcy Chapter would serve you best.
Categorized in: Bankruptcy