The Daily Insight

Bringing clear, reliable news and in-depth information to keep you informed with context and clarity.

science

What is the main benefit of filing Chapter 13 bankruptcy instead of Chapter 7?

Writer Robert Bradley

Most people prefer Chapter 7 bankruptcy because, unlike Chapter 13 bankruptcy, it doesn’t require you to repay a portion of your debt to creditors. In Chapter 13 bankruptcy, you must pay all of your disposable income—the amount remaining after allowed monthly expenses—to your creditors for three to five years.

What is the difference between Chapter 7 and 13 bankruptcies?

With Chapter 7, those types of debts are wiped out with your filing’s court approval, which can take a few months. Under Chapter 13, you need to continue making payments on those balances throughout your court-instructed repayment plan; afterwards, the unsecured debts may be discharged.

How does filing Chapter 13 affect your credit?

Your credit will suffer when you file a Chapter 13 case, but it will drop from your credit report years before a Chapter 7 case would. Your credit report will reflect your decision to file bankruptcy for years after you file, so there’s no escaping the reality that filing bankruptcy will negatively affect your credit.

Can a Chapter 7 bankruptcy help your credit?

Choosing a Chapter 13 over a Chapter 7 bankruptcy won’t provide you much benefit if you’re trying to preserve your credit score. Obtaining Credit During and After Bankruptcy. While in a Chapter 13 case, you’re generally prohibited from taking on any new credit.

How does filing bankruptcy affect your credit report?

Your credit report will reflect your decision to file bankruptcy for years after you file, so there’s no escaping the reality that filing bankruptcy will negatively affect your credit. If you have the income to fund a repayment plan, filing under Chapter 13 bankruptcy might hasten your financial recovery.

Which is better Chapter 13 or Chapter 7?

Beyond that, if you have a Chapter 13 on your credit report, a lender looking at your report may see it as a responsible way to handle your debt, because you made a good faith effort to repay your debts despite your financial hardship. In that way, a Chapter 13 may be better for your credit than a Chapter 7.