Which Chapter of Bankruptcy is Right for You?

Steve Miljus Steve Miljus Avatar

Steve Miljus

3 mins read

As of 2023, the United States has seen a steady increase in overall consumer debt. With the rise in cost of living and the pandemic's impact on the economy, many individuals are finding themselves struggling to make ends meet, resulting in increased levels of debt. For those who find themselves overwhelmed by their debt, bankruptcy can be a valuable tool for getting their finances back on track.

Bankruptcy is a legal process that allows individuals or businesses to eliminate or reduce their debt through a court-supervised process. There are two primary types of bankruptcy available to individuals: Chapter 7 and Chapter 13 bankruptcy.

Chapter 7 bankruptcy is often referred to as a "liquidation" bankruptcy, as it involves the liquidation of non-exempt assets in order to repay creditors. In Chapter 7 bankruptcy, the debtor's non-exempt assets are sold to pay off as much of their debt as possible, and any remaining debts are discharged. This type of bankruptcy is often the quickest and most straightforward option for those who are struggling with debt.

Chapter 13 bankruptcy, on the other hand, involves the creation of a repayment plan that allows the debtor to pay off their debts over a period of three to five years. In Chapter 13 bankruptcy, the debtor keeps their assets, including their home, but must make regular payments to their creditors in order to repay their debts over time. Chapter 13 bankruptcy can provide an important safeguard for individuals looking to protect their assets from being sold off during the bankruptcy process.

Both Chapter 7 and Chapter 13 bankruptcy have their own set of advantages and disadvantages. Chapter 7 bankruptcy is often the best option for those who have few assets and a lot of unsecured debt, such as credit card debt or medical bills. It is a relatively quick and straightforward process, with most cases being resolved within a few months. However, not all types of debt can be discharged through Chapter 7 bankruptcy, and the debtor may lose some of their assets in the process.

Chapter 13 bankruptcy, on the other hand, is often the best option for those who have more assets or who are behind on secured debts such as mortgages or car loans. It allows the debtor to create a manageable repayment plan that can help them get back on track financially. Although it takes longer to complete than Chapter 7 bankruptcy, Chapter 13 bankruptcy can provide the debtor with the opportunity to protect their assets while they work to pay off their debts.

Filing for bankruptcy can have a negative impact on your credit score, but this impact is not permanent. Over time, a person's credit score can rebound, particularly if they take steps to rebuild their credit after the bankruptcy process is complete. This can include making timely payments on any remaining debts, using credit responsibly, and monitoring their credit report regularly to ensure accuracy.

In conclusion, bankruptcy can be a valuable tool for those struggling with debt, particularly in light of the increased debt nationwide. Whether someone opts for Chapter 7 or Chapter 13 bankruptcy depends on their specific financial situation, and it is important to consult with a qualified bankruptcy attorney to determine which option is best for them. While bankruptcy may negatively impact a person's credit score in the short term, the long-term benefits of getting back on track financially can outweigh this temporary setback.

Contact DebtErasers for your
free consultation

Your request has been submitted!

Thank you for reaching out to DebtErasers for your free consultation. Your online submission was received and is now being processed. During office hours, we will reach out to you within 30 minutes. Requests submitted after hours will be answered by 8:00 am on the next day.

We look forward to speaking with you and providing you the debt free future you deserve.

Unable to submit

Unfortunately, something went wrong and we weren't able to submit your inquiry. Please call the number at the top of the screen instead.

Alternatively, refresh this page and try submitting again.

Invalid Input
OK