Can you choose between chapter 7 and chapter 13 bankruptcy

We often get a lot of questions about the difference between Chapter 7 and Chapter 13 bankruptcy. People who are considering filing don’t understand which of the two they should be filing for or whether they have the choice between the two. So let’s discuss them.

What’s the Difference?

Both Chapter 7 and Chapter 13 bankruptcy come with certain eligibility requirements. This means that you may not be able to choose which one you should file under. For instance, one of the eligibility requirements to filing Chapter 7 is that you don’t have an income over a certain amount. This change came about in 2005 and made it so that families who made a combined amount of income could not simply get rid of unsecured debts through bankruptcy. This prevented people who had disposable income to repay a portion of their debts over 5 years, rather than just canceling them out.

If you find that you do not qualify for Chapter 7, you can always file for Chapter 13 bankruptcy. This type of bankruptcy differs from Chapter 7 in that it does immediately discharge unsecured debt, it may allow you to keep certain types of property or stop foreclosures, property repossessions, and wage garnishments.

Having Trouble?

If you are still having trouble distinguishing the difference between Chapter 7 and Chapter 13 bankruptcy, feel free to call the Law Offices of Loomis & Greene today. We can help you make sure you file under the right chapter and answer any other bankruptcy questions you may have.