What is the difference between a Chapter 7 and Chapter 13 Bankruptcy?

A Chapter 7 is called the Fresh Start. It allows you to discharge most, if not all of your debt. There are some exceptions to a Chapter 7 discharge such as, taxes that are not at least 3 years old, student loans, and alimony/child support.  There are some other exceptions, but these 3 are the most common.

A Chapter 13 Bankruptcy is a reorganization plan or repayment plan. In general, people who have a house or a car that they are behind on and want to keep would usually file a Chapter 13. A chapter 13 Plan allows you to repay your debts over a maximum period of 5 years. For example: Let's say you are 6 months behind on your Mortgage Payments because of a job loss.  You have regained employment and can start making your payments but can't make the arrearage payments and the bank is trying to foreclose on your home. A chapter 13 would allow you to repay the mortgage arrearage through the Chapter 13 Plan, and you would continue making your regular mortgage payments.

Determining which type of Bankruptcy to file can sometimes be complicated. Call me today at 404-378-0600 or 678-541-6770 for a free consultation regarding your financial situation.