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Chapter 7 vs Chapter 13 — how do I know which?

CAnewstart_20261 month ago

Drowning in credit card debt and medical bills. Some sites say Chapter 7, some say 13. How do I tell?

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✓ Verified answer from a licensed attorney — shown first

Adina Cohen avatarAdina CohenVerified Attorney1 month ago

Bankruptcy attorney here. Quick framework: Chapter 7 is a 'liquidation' — you wipe most unsecured debt (credit cards, medical, personal loans) in ~4-5 months, in exchange for the trustee being allowed to sell any non-exempt assets (in practice, most consumer filers have no non-exempt assets). Chapter 13 is a 3-5 year repayment plan where you pay a portion of debt under court supervision; usually used when you're behind on a house or car you want to keep, OR when your income is too high to pass the Ch 7 means test. Decision tree: (1) Are you behind on a house/car you must keep? Lean 13. (2) Is your household income under the median for your state and family size? You probably pass the Ch 7 means test — lean 7. (3) Above-median income with substantial disposable income? You may be steered into 13. A $200-$300 review with a consumer bankruptcy attorney usually tells you in one meeting which one fits.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.