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Chapter 7, Chapter 11, and Chapter 13 serve different purposes under bankruptcy law. Chapter 7 simplifies debt discharge through asset liquidation while Chapter 13 focuses on repayment plans for individuals with income. On the other hand, Chapter 11 typically caters to businesses looking to restructure debt. Understanding these differences allows you to choose the path that best fits your financial circumstances.
Unlike other types of consumer bankruptcy, Chapter 11 bankruptcy does not strictly define what will happen to debts. Certain types of debts (such as student loans, unpaid child support, and unpaid taxes) are not dischargeable, so if these are part of the bankruptcy, the plan must include a way to pay those back.
The majority of debts discharged in Chapter 13 bankruptcy are nonpriority unsecured debts. Credit card balances, personal loans, medical bills, and utility payments fit here. Often, the Chapter 13 plan will not provide for enough money to pay all nonpriority debts in full.
Chapter 11, which is more expensive than Chapter 7, is typically intended for medium- to large-sized businesses, but smaller businesses and sole proprietors may also want to consider this type of bankruptcy. Unlike Chapter 7, Chapter 11 does not liquidate assets, only restructures debts.
But when it comes to Chapter 11 vs. Chapter 13, the biggest difference is that Chapter 13 allows someone with regular income to make an adjustment to how they pay back some debts. Chapter 13 may be an option for individuals who fail the means test for Chapter 7.
What Are the Disadvantages of Filing Chapter 11? Chapter 11 bankruptcy is the most complex of all bankruptcy types. It is also usually the most expensive. For a company that is struggling to the point where it is considering filing for bankruptcy, the legal costs alone might be onerous.