What are the differences between Chapter 13 Bankruptcy and Chapter 7 Bankruptcy?

Chapter 13 and Chapter 7 Bankruptcy are two different types of bankruptcy proceedings. Chapter 13 is a type of reorganization bankruptcy, which allows the debtor to keep their property while making payments on their debt over a period of three to five years. Chapter 7 is a type of liquidation bankruptcy where the debtor’s assets are sold off and the proceeds are used to pay off the debtor’s creditors. In Chapter 13 Bankruptcy, the debtor and their creditors will enter into a repayment plan. This plan will include details on how the debtor will pay back all or a portion of their debt over the course of a few years. This plan is created in order to ensure that the debtor will have the ability to make their payments under reasonable terms. During this process, the debtor will still be able to keep their property and assets, however, their wages may be garnished in order to make sure the creditors are getting the money they are owed. In comparison, during Chapter 7 bankruptcy, the debtor’s assets will be liquidated and the proceeds will be used to pay off the creditors. This means that the debtor will be unable to keep their property and assets, and that they will not be allowed to enter into a repayment plan with their creditors. The court will also appoint a trustee who will be responsible for overseeing the liquidation process and ensuring that the proceeds are distributed fairly. Overall, the main difference between Chapter 13 and Chapter 7 Bankruptcy is that Chapter 13 allows the debtor to keep their property, and allows them to enter into a repayment plan, while Chapter 7 requires the liquidation of assets and does not allow for a repayment plan.

Related FAQs

What is a motion to modify the automatic stay in Chapter 13 Bankruptcy?
How does Chapter 13 Bankruptcy affect my co-debtors?
What is the process for approving a Chapter 13 Bankruptcy plan?
How do I find a list of my creditors in Chapter 13 Bankruptcy?
What assets may I keep when filing Chapter 13 Bankruptcy?
What is the means test for filing Chapter 13 Bankruptcy?
What is the difference between a Chapter 13 Bankruptcy discharge and a Chapter 7 Bankruptcy discharge?
Are there any alternatives to Chapter 13 Bankruptcy?
What are the advantages of a Chapter 13 Bankruptcy plan over a Chapter 7 Bankruptcy plan?
Are there any assets I can exempt in Chapter 13 Bankruptcy?

Related Blog Posts

Navigating Chapter 13 Bankruptcy Law: A Guide for Struggling Debtors - July 31, 2023
Filing for Chapter 13 Bankruptcy: What You Need to Know - August 7, 2023
Types of Debts That Can Be Discharged with Chapter 13 Bankruptcy - August 14, 2023
Understanding Automatic Stays and Chapter 13 Bankruptcy - August 21, 2023
Comparing Chapter 7 and Chapter 13 Bankruptcy Options - August 28, 2023