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When Is Chapter 7 Better Than Chapter 13?

If you are considering declaring bankruptcy, you have probably researched the various chapters and may walk into your attorney’s office knowing which chapter you want to declare. But is that the right decision?

Your attorney will direct you to the chapter that is best for you based on several things, including your income and your goals about your debt. Here’s when a Chapter 7 bankruptcy can be better than a Chapter 13.

Timeline Difference Between Chapter 7 and Chapter 13

A typical Chapter 7 case lasts for only three to six months. Afterwards, you will emerge debt-free except certain types of non-dischargeable debts, such as student loans and unpaid child support. By contrast, a Chapter 13 will last for three to five years and is a debt repayment plan, instead of wiping out debt.

However, the drawbacks to Chapter 7 are worth noting. Chapter 7 eligibility requires you to pass the Chapter 7 means test. If your income doesn’t meet the Chapter 7 requirements, you won’t be allowed to file that chapter.

However, it should be noted that just because your income may be cover the median, that doesn’t mean you don’t qualify for a Chapter 7. And even if you have to file a 13, most of your unsecured debt will be discharged. 

Is Chapter 7 For You?

If you’ve been considering Chapter 7, please give us a call. Our attorneys would be happy to meet with you in a free consultation and advise you on which chapter is better for your situation. We want to get you on the way to a fresh financial start. 

Call us today at 816-842-6200 to speak with an attorney. Or you can email us and schedule your free consultation.


Jason C. Amerine
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President and Owner, Castle Law Office of Kansas City
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