Get out of debt

Chapter 7 vs. Chapter 13

The short answer

One is a fast reset. One is a long plan that keeps your property.

  • Chapter 7 is the faster, cheaper reset. In a few months, most eligible unsecured debt is discharged.
  • But you must pass an income means test, and you may give up non-exempt property.
  • Chapter 13 is a 3–5 year repayment plan. You keep your property and catch up on a mortgage or car.
  • At the end of a Chapter 13 plan, remaining balances are discharged. It fits higher earners or people protecting an asset.
  • The catch: your income and your property decide which chapter you even qualify for.
Some links here earn us a commission. It never changes our ranking or what we tell you. See how we make money and how we rate.

How each one works

Both chapters are legal ways to deal with debt you can't pay. They work in very different ways.

Chapter 7 is called liquidation. A court-appointed trustee can sell property you don't get to keep, then uses that money to pay your creditors. Most of your eligible unsecured debt is then discharged, which means you no longer owe it. This part usually finishes in 3–6 months.

Chapter 13 is a repayment plan. Instead of selling property, you pay part of what you owe over 3–5 years, based on your income. You keep your property. You can also catch up on a past-due mortgage or car loan inside the plan. When the plan ends, the court discharges most of what's left.

Side by side

WhatChapter 7Chapter 13
What happensLiquidation, then dischargeRepayment plan
How long~3–6 months3–5 yrs
IncomeMust pass means testRegular income needed
PropertyNon-exempt may be soldYou keep it
Debt coveredMost unsecuredUnsecured + catch up secured
Fits whenLow income, few assetsProtect an asset / higher income

How to think about which fits

Chapter 7 is the faster, cheaper path. If your income is low enough to pass the means test and you have few assets to lose, it can clear eligible debt in a few months and let you start over.

Chapter 13 costs more time and money, but it protects things. If you earn too much for Chapter 7, or you're behind on a home or car you want to keep, the plan gives you a way to hold on to the asset while you catch up. The tradeoff is 3–5 years of payments.

Neither one is a shortcut. Both stay on your credit report for years and both take real paperwork. The right question isn't which is easier. It's which one your income and property let you use, and which one protects what matters to you.

⚠ The catch

You don't fully choose between these two. The means test and your property decide which chapter you even qualify for.

A bankruptcy attorney's no-cost consult is the way to confirm which one you can file and what you'd keep. See what you keep and who it's for before you decide.

Keep going