CHAPTER 7 vs CHAPTER 13 BANKRUPTCY
Which works best for me?
There are two main ways to file bankruptcy and get debt relief, chapter 7 and chapter 13. Each has its benefits and limitations. Which one you choose or “qualify for” depends on:
- Your Finances
- Types of debt
- Your Income
Attorney Winger can help you quickly find the right option for you.
Note: Chapter 11 is similar to Chapter 13 in restructuring debt, but is primarily designed for businesses owned and controlled by more than one person (Example: LLC, partnership, corporation). See more…
Note: Chapter 11 (business bankruptcy) is designed primarily for businesses owned and controlled by more than one person (Example: LLC, partnership, corporation). It is very similar to chapter 13 in restructuring debt. We currently do not handle chapter 11 cases, but if you are a single business owner (sole proprietorship), contact us to see if you qualify for a chapter 13, which is less expensive than filing chapter 11. Call or fill out the form bellow.
|Chapter 7||Chapter 13|
|Approach||Debt Elimination||Debt Restructuring|
|Summary||Certain debts can be completely eliminated in 3-5 months. Quickest method.||You still make payments to your lenders, but at a much lower and manageable payment schedule that keeps you or your business operating.|
|Who files?||Individuals & Some businesses||Individuals & Sole Proprietor businesses|
|Yes - Immediately put a hold on |
most creditors collection activities
|Yes - (same)|
|My Assets||Best for those with few assets. |
May need to liquidate some assets.
|Keep your home, vehicle, etc|
Dealing with Debt
|Eliminate all unsecured debt |
(loans not backed by assets, like credit cards, medical bills, utilities, etc.)
|Adjusts debts for lower payments. Affordable payment plans with debts gone in 3-5yrs.|
|Income Needed||Best for those with low income||Best for those who can pay living expenses but not their current debts.
|How long does it take?||3-5 months, depending on your situation||3-5 year plan to pay off debts|
Who can file?
|Pass the means test. A formula to see if your income is low enough, or if you need to file chapter 13.||Must have enough income to meet your new obligations, minus certain expenses.|