CHAPTER 7 VS. CHAPTER 13 BANKRUPTCY
The most obvious difference between these two categories is defined by income level. Chapter 7, also known as straight bankruptcy, is a filing method that not everyone qualifies for. If you don’t qualify for Chapter 7, you automatically have the option to file for Chapter 13. Each of the filing methods has its own set of advantages and disadvantages; our attorneys can help you weigh your options.
Chapter 7 Bankruptcy
is a liquidation bankruptcy that requires using your nonexempt property to pay back creditors. This bankruptcy is used by low-income debtors who don’t have the assets to pay back their debts. You must pass a “means test” to qualify to file for Chapter 7 bankruptcy.
Chapter 13 Bankruptcy
is a reorganization bankruptcy that uses a repayment plan requiring debtors to use regular income to pay back a portion of their debts. This bankruptcy filing method is typically used by debtors who make too much to qualify for Chapter 7 bankruptcy.
If you are considering filing for bankruptcy, legal advice from an experienced bankruptcy attorney can prove to be invaluable. Call (716) 488-3090
today for a free consultation, and set up a meeting with one of our knowledgeable bankruptcy lawyers.