Legal Guide

What Is the Difference Between Chapter 7 and Chapter 13 Bankruptcy

When people are in debt and can't seem to find a way out, bankruptcy may be the solution. But what's the difference between Chapter 7 bankruptcy and Chapter 13 bankruptcy? In this blog post, we will explore the key differences between these two types of bankruptcy and help you decide which one is right for you.

What is Chapter 7 bankruptcy?

Chapter 7 bankruptcy is also known as liquidation bankruptcy. This type of bankruptcy allows you to discharge your debts and get a fresh start. In order to qualify for Chapter 7 bankruptcy, you must pass the means test. This test looks at your household income and compares it to the median income in your state. If your income is below the median, you will most likely be able to file for Chapter 7 bankruptcy.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy is also known as reorganization bankruptcy. This type of bankruptcy allows you to repay your debts over a three- to five-year period. In order to qualify for Chapter 13 bankruptcy, you must have a regular source of income and your unsecured debts must be less than $394,725.

Key differences between Chapter 7 and Chapter 13 bankruptcy

There are a few key differences between Chapter 7 bankruptcy and Chapter 13 bankruptcy. First, with Chapter 7 bankruptcy, you can discharge your debts and get a fresh start. With Chapter 13 bankruptcy, you must repay your debts over a three- to five-year period. Second, in order to qualify for Chapter 7 bankruptcy, you must pass the means test. There is no means test for Chapter 13 bankruptcy. Finally, with Chapter 13 bankruptcy, you may be able to keep certain assets that would be liquidated in a Chapter 7 bankruptcy.

If you're considering bankruptcy, it's important to understand the differences between Chapter 7 and Chapter 13 bankruptcy. Speak with an experienced bankruptcy attorney to learn more about which type of bankruptcy is right for you.

Which type of bankruptcy is right for me?

The type of bankruptcy that is right for you will depend on your individual circumstances. If you are unable to repay your debts, then Chapter 7 bankruptcy may be the best option for you. However, if you have a regular income and can afford to repay your debts over time, then Chapter 13 bankruptcy may be the better choice. You should speak with a bankruptcy attorney to discuss which type of bankruptcy is right for you.

How to file for bankruptcy

If you're considering bankruptcy, it's important to understand the process. First, you will need to gather all of your financial documents. This includes your income tax returns, pay stubs, bank statements, and credit card statements. Next, you will need to meet with a bankruptcy attorney to discuss your options. Once you have decided on the type of bankruptcy you would like to file for, the bankruptcy attorney will help you prepare the necessary paperwork. Finally, you will need to attend a meeting of creditors. This is where your creditors will have an opportunity to object to your bankruptcy discharge.

The benefits of filing for bankruptcy

There are a number of benefits to filing for bankruptcy. First, bankruptcy can help you get out of debt and get a fresh start. Second, bankruptcy can stop creditor harassment. Creditors are not allowed to contact you after you have filed for bankruptcy. Third, bankruptcy can give you some breathing room by putting a halt to wage garnishments and bank levies. Finally, bankruptcy can help you keep your home and your car.

There are two types of bankruptcy that individuals can file: Chapter 7 and Chapter 13. Both have different qualifications and processes, but ultimately can help an individual get a fresh start. Ultimately, filing for bankruptcy can be beneficial as it gives people a chance to start over again financially. If you are feeling overwhelmed by debt, consider talking to a bankruptcy attorney in Santa Ana about whether filing for bankruptcy is the right option for you.


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