Chapter 7 vs Chapter 13 Comparison

Each question maps to a topic courts actually care about: mortgage arrears, vehicle arrears, property that may not be exempt, income above the median, and what you are trying to accomplish. The result lists those topics in plain English.

It does not evaluate every issue that can affect chapter choice, including tax debt, student loans, exemption eligibility, business debt, transfers, co-signed debt, or prior bankruptcy filings and discharge history. Waiting periods and stay consequences can differ depending on the chapter and history of prior cases.

Chapter 7 is built around a trustee and a discharge of qualifying unsecured debt. Chapter 13 is a three-to-five-year plan the court has to confirm. The automatic stay is in 11 U.S.C. § 362 for both. Discharge exceptions are in § 523. Plan contents are in § 1322 and confirmation in § 1325.

For example, mortgage arrears and a goal of keeping the home may make Chapter 13 provisions especially relevant, while someone primarily dealing with qualifying unsecured debt may need to understand how Chapter 7 works. Either situation still requires review of income, property, exemptions, debts, and prior bankruptcy history before a chapter can be selected.

If a sale date or repo is close, call. Otherwise bring a list of debts, who is on the house and car titles, and six months of income to a free consultation.

We compare Chapter 7 and Chapter 13 using your actual debts, income, property, secured loans, prior bankruptcy history, and goals. We also determine which exemption law applies, including any domicile issues from a recent interstate move. Georgia consumer bankruptcy at Brock & Stout is handled through our Columbus office.