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Chapter 7 or. Chapter 13: Which Bankruptcy Choice is Best for You?
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Chapter 7 or. Chapter 13: Which Bankruptcy Choice is Best for You?
Chapter 7 bankruptcy is faster and less expensive in comparison to Chapter 13 bankruptcy, but it’s not the most suitable option for everyone.
By Sean Pyles Senior Writer | Personal finance, financial debt Sean Pyles leads podcasting at NerdWallet as the host and producer of NerdWallet’s “Smart Money” podcast. On “Smart Money,” Sean talks with Nerds across the NerdWallet Content team to answer the listeners’ questions about personal finance. With a focus on thoughtful and practical advice on money, Sean provides real-world guidance that can help consumers better the financial situation of their lives. In addition to answering listeners’ financial concerns on “Smart Money” Sean also interviews guests who are not part of NerdWallet and creates special segments that explore subjects like the racial wealth gap, how to start investing and the history of college loans.
Before Sean took over podcasting for NerdWallet He also covered issues that dealt with consumer debt. His writing has been featured throughout the media including USA Today, The New York Times as well as other publications. When when he’s not writing about personal finances, Sean can be found digging around his garden, going on runs and taking his dog for long walks. Sean is located at Ocean Shores, Washington.
Dec 15, 2021
Written by Kathy Hinson Lead Assigning Editor Personal finances, credit scoring debt and money management Kathy Hinson leads the core personal finance team at NerdWallet. Prior to joining NerdWallet, she worked for 18 years working at The Oregonian in Portland in positions such as copy desk chief and team director of design and editing. Her previous experience included copy and news editing for various Southern California newspapers, including the Los Angeles Times. She graduated with a bachelor’s in journalism and mass communications from the University of Iowa.
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Bankruptcy is one of the fastest and most effective ways to find . Most consumers who follow this path are able to file for Chapter 7 bankruptcy or Chapter 13 bankruptcy. Which one is the best choice depends on the person’s assets and financial objectives.
To help you understand the distinction in Chapter 7 and Chapter 13 bankruptcy This article will explain the differences between the two types and who they’re suitable for. Whichever you select, you must:
Your monthly debts to consumers exceed 50% of your monthly take-home earnings.
You’re in the middle of lawsuits from creditors.
You see no way to pay off your debt within five years.
What is the difference in Chapter 7 and Chapter 13 bankruptcy?
The most significant differences between bankruptcy and. bankruptcy are the eligibility requirements, how debts are resolved , and the length of time.
Take a look at this table for an understanding in a glance:
Chapter 7
Chapter 13
Form of bankruptcy Liquidation.
Form of bankruptcy: Reorganization.
Eligibility:
You must pass the mean test, which looks at your income, expenses and the size of your family.
It is not possible to have had a prior Chapter 7 discharge in the or Chapter 13 in the past six years.
Cannot have filed a bankruptcy petition (Chapter 7 or 13) in the previous 180 days that was dismissed for certain reasons like failure to appear in court or comply with the court’s or court.
Eligibility:
Unsecured debt can’t exceed $419,275 while secured debt cannot exceed $1,257,850.
Regular income is required and must be current on tax filings.
Could not have filed any Chapter 13 filing in the last two years, or Chapter 7 within the last four years.
Cannot have filed bankruptcy (7 or 13) within the past 180 days, and it was rejected for certain reasons, such as not appearing or complying with court orders.
How long does it take to obtain a discharge? It is usually less than six months.
How long it takes to achieve a discharge: Usually between three and five years, based on the repayment plan.
Mark on credit report The mark remains on your credit report the time period from the date of filing.
Credit report marks: Remains on your credit report for from filing date.
Benefits:
The fastest routes to deal with debt that is overwhelming.
A bankruptcy petition can stop the collection process and prevents legal action from creditors.
Benefits:
Can help you resolve your debts while retaining certain assets or getting caught up on secured debts like the auto loan or mortgage.
Filing a bankruptcy petition halts the process of collecting and legal action against creditors.
Drawbacks:
Though rare, the trustee is able to sell property that is not exempt.
Generally for unsecured debt; does not protect against repossession or foreclosure.
Drawbacks:
The length and cost for the plan are difficult to many filers.
Which is better: chapter 7 rather than Chapter 13?
The best option for you will depend on your financial situation and your goals.
To decide if Chapter 7 or Chapter 13 bankruptcy is right to you . It is important to make sure that the debts you are struggling with can be handled by bankruptcy and you’re in a position make the most of the fresh start that bankruptcy offers.
The majority of consumers choose Chapter 7 bankruptcy, which is faster and cheaper than Chapter 13. A majority of people who file for bankruptcy qualify in Chapter 7 after taking the test, which looks at the household’s finances, income and size to determine the eligibility. Chapter 7 bankruptcy discharges, or wipes out, eligible debts such as credit card bills medical debt, personal loans. However, other debts, such as student loans and taxes, typically aren’t considered eligible. Also, Chapter 7 doesn’t offer a option to pay on secured loan payment, such as an auto or mortgage loan however it doesn’t safeguard these assets from repossession or foreclosure.
In some instances bankruptcy trustees -an administrator who cooperates with the bankruptcy courts to represent the debtor’s estate can sell nonexempt items, which means belongings that are not protected during bankruptcy. Nonexempt items are defined according to state law.
Chapter 13 bankruptcy may be more suitable for those who do not meet the requirements for a Chapter 7 filing, for instance or if their income is too high. And some who qualify for Chapter 7 may still choose to choose to file for Chapter 13 because they want to keep certain assets or avoid getting caught up on their mortgage payments. But, Chapter 13 repayment plans aren’t easy: all leftover income after certain allowances must be geared towards the repayment of debt over a period of three to five years.
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Author bios: Sean Pyles is the executive producer and host of NerdWallet’s Smart Money podcast. His writing has been featured on The New York Times, USA Today and elsewhere.
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