04/16/2023
Chapter 7 and Chapter 13 are two different types of bankruptcy that individuals can file. Here are some key differences between Chapter 7 and Chapter 13 personal bankruptcy:
Eligibility: Chapter 7 bankruptcy is often referred to as "liquidation" bankruptcy and is available to individuals who do not have the means to repay their debts. Chapter 13 bankruptcy, on the other hand, is a "reorganization" bankruptcy and is available to individuals with a regular source of income who can repay a portion or all of their debts through a court-approved repayment plan.
Asset Liquidation: In Chapter 7 bankruptcy, a Trustee may sell a debtor's non-exempt assets to repay creditors, although there are exemptions that protect certain types of property. However, a qualified bankruptcy attorney should be able to help you keep most or all of your assets. In contrast, Chapter 13 bankruptcy allows the debtor to keep their property and repay debts through a court-approved repayment plan.
Repayment Plan: Chapter 7 bankruptcy does not involve a repayment plan. Once the debtor's non-exempt assets (if any) are liquidated, the remaining eligible debts are typically discharged, meaning the debtor is no longer personally liable for those debts. Chapter 13 bankruptcy, however, requires the debtor to propose a repayment plan to the court, which outlines how they will repay their debts over a period of 3 to 5 years, based on their disposable income. The debtor makes regular payments to a Trustee, who then distributes the funds to creditors according to the approved plan.
Duration: Chapter 7 bankruptcy is generally quicker, with the process typically taking about six months to complete. Chapter 13 bankruptcy, on the other hand, typically takes 3 to 5 years to complete, as it involves a court-approved repayment plan that spans over several years.
The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only. We recommended that you consult with our firm or another qualified attorney for personalized legal advice.