When you’re overwhelmed by debt, bankruptcy can offer a path to financial relief—but which type should you file? Most individuals file under Chapter 7 or Chapter 13, and while both offer powerful protections, they serve different needs. Understanding the differences can help you make the right choice for your situation.
What Is Chapter 7 Bankruptcy?
Often called “liquidation bankruptcy,” Chapter 7 allows you to wipe out most unsecured debts (like credit cards and medical bills) quickly—usually within a few months. It’s designed for people with limited income and few assets.
Key Features:
- Quick discharge of eligible debts
- No repayment plan required
- You may need to sell non-exempt assets to pay creditors (though many people keep everything)
What Is Chapter 13 Bankruptcy?
Known as “reorganization bankruptcy,” Chapter 13 lets you keep your property while catching up on missed payments through a structured repayment plan that lasts 3 to 5 years.
Key Features:
- Ideal for people with steady income
- Protects your home from foreclosure if you’re behind on payments
- Consolidates debts into manageable monthly payments
How to Choose the Right One
|
Factor |
Chapter 7 |
Chapter 13 |
|
Income Level |
Low or no income |
Regular income |
|
Asset Protection |
May lose non-exempt property |
Keep all property with court approval |
|
Debt Type |
Unsecured debt |
Secured & unsecured |
|
Time to Complete |
3–6 months |
3–5 years |
|
Foreclosure Status |
Won’t stop foreclosure long-term |
Can stop foreclosure with repayment |
Which Bankruptcy Is Right for You?
Choosing between Chapter 7 and Chapter 13 depends on your goals, income, and financial situation. At Amerihope Alliance Legal Services, we offer compassionate, knowledgeable guidance to help you make the best decision—and take control of your financial future.
