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The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt.
One key difference between Chapter 13 and Chapter 7 bankruptcy is that Chapter 7 allows people to completely eliminate their unsecured debt after a specific period. In contrast, Chapter 13 allows people to reorganize their debts while paying back some portion of what they owe.
(Cases Filed Between November 1, 2022 and March 31, 2023, Inclusive) .FAMILY SIZESTATE1 EARNER2 PEOPLEMissouri$56,633$69,699Montana$60,032$72,102Nebraska$60,390$77,58151 more rows ?
Debts have different degrees of priority. The debts that must be repaid in Chapter 13 are priority debts including child support, alimony, certain taxes, and wages owed to employees. Your plan must also address your secured debts. Secured debts are those that are secured by collateral, such as a mortgage or car loan.
Advantages of Chapter 13 You may be able to stretch out your debt payments, reduce the amounts of your payments, or give up an item of your property that you're making payments on. Also, once you successfully complete a repayment plan under Chapter 13, individual creditors can't obligate you to pay them in full.
If you want to keep property like a home or a car and are behind on the payments on a mortgage or car loan, a chapter 7 case probably will not be the right choice. That is because chapter 7 bankruptcy does not eliminate the rights of mortgage holders or car loan creditors to take your property to cover your debt.