Chapter 7 Vs Chapter 13

When a person considers bankruptcy, there are a couple of different ways to file. Mainly they are chapter 7 vs chapter 13. Chapter 7 is the liquidation bankruptcy. The debtor basically has to have all of their non exempt assets sold in order to pay off the creditors. For those that do have assets to be sold, a trustee is appointed by the courts to sell the property. Many times, however, besides the exempt items (which vary from state to state), there is nothing to sell. When this happens, the entire court case moves very quickly and the case is soon discharged. Even with chapter 7, however, there are debts which are not erased such as alimony and back taxes among others. In the case of chapter 13, the debtor works out a plan to pay back their creditors in a 3-5 year time range. It still stops the creditors from contacting or harassing the debtor but the creditors do have a say in whether a plan is accepted or not. In most instances, they are. Chapter 13 is a reorganizational type of bankruptcy where the debtor does intend to pay back the debtors. In most cases, those debts have been reduced, but not always. Chapter 7 vs. Chapter 13 are very different in many ways. It is best to consult a professional before deciding which to file.

Fast Facts

  • Filing bankruptcy will stop a wage attachment
  • Alimony cannot be erased through bankruptcy.

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