top of page

Chapter 7 vs. Chapter 13 Bankruptcy: Which Is Right for You?

Writer: Garrett Roberts Garrett Roberts

The information provided is for general informational purposes only and does not constitute legal advice.  Every legal situation is unique, and you should consult an experienced attorney for advice tailored to your specific circumstances. For personalized assistance, contact our office directly.


If you’re struggling with overwhelming debt, you may be considering filing for bankruptcy. This can feel like a daunting decision, but understanding the options available to you—particularly Chapter 7 and Chapter 13 bankruptcy—can provide clarity and hope. At my office in Sebring, Florida, I help individuals just like you regain control of their financial future. Here’s a simple breakdown of these two common forms of bankruptcy and how to determine which one might be right for you.

What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy, also known as "liquidation bankruptcy," is designed for individuals who cannot repay their debts. It allows you to wipe out most unsecured debts, such as credit card bills, medical debt, and personal loans.

Here are some key features:

  • Quick Process: Chapter 7 usually takes three to six months to complete.

  • Asset Protections: Florida has generous bankruptcy exemptions, meaning you can often keep essential assets, such as your home or car, as long as they fall within the exemption limits.

  • Eligibility: You must pass a means test to qualify, which compares your income to Florida’s median income. If your income is below the threshold, Chapter 7 may be the right option for you.

Chapter 7 is ideal if you’re seeking a fast and fresh financial start and don’t have significant assets to protect.

What Is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is often referred to as a "reorganization bankruptcy." Instead of eliminating debt outright, it allows you to create a repayment plan to pay back all or part of your debts over three to five years.

Here’s how it works:

  • Debt Repayment: You make monthly payments based on your income and expenses. This can help you catch up on missed mortgage payments or car loans.

  • Asset Protection: Unlike Chapter 7, Chapter 13 lets you keep non-exempt property, as long as you stick to the repayment plan.

  • Eligibility: There are limits to the amount of debt you can have to qualify for Chapter 13.

Chapter 13 is a great option if you have steady income and want to protect significant assets, like your home, while paying off debt in a manageable way.

Which Option Is Best for You?

The decision between Chapter 7 and Chapter 13 depends on your specific financial situation. If you’re unsure, that’s where I can help. I’ve guided many clients in Sebring, Florida, through these decisions, and I can help you choose the best path for your needs.

How I Can Help

Navigating bankruptcy laws can be complicated, but you don’t have to face this alone. As a bankruptcy attorney based in Sebring, Florida, I specialize in helping individuals and families reclaim their financial independence. From your first consultation to the final resolution of your case, I’ll provide compassionate, professional guidance every step of the way.

Take the First Step Toward Financial Freedom Today

If you’re tired of the stress and uncertainty that comes with overwhelming debt, now is the time to take action. Call me today at [insert phone number] to schedule a free, no-obligation consultation. Together, we’ll explore your options, answer your questions, and create a personalized plan to help you achieve financial freedom. Don’t wait—your fresh start begins with one phone call!


Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

 

Copyright © 2024 Garrett Roberts Law - All Rights Reserved.

bottom of page