Chapter 7 vs Chapter 13 Comparison

Each question maps to a topic courts actually care about: mortgage arrears, vehicle arrears, property that may not be exempt, income above the median, and what you are trying to accomplish. The result lists those topics in plain English.

It does not score eligibility. It does not apply Alabama or Georgia exemptions to a particular house or car. It does not look at tax debt, student loans, or a prior filing in the last eight years. Those can change the chapter that even makes sense.

Chapter 7 is built around a trustee and a discharge of qualifying unsecured debt. Chapter 13 is a three-to-five-year plan the court has to confirm. The automatic stay is in 11 U.S.C. § 362 for both. Discharge exceptions are in § 523. Plan contents are in § 1322 and confirmation in § 1325.

Someone who is behind on a mortgage and wants to keep the house will usually see Chapter 13’s catch-up plan highlighted. Someone whose only problem is credit cards and whose property is protected may see Chapter 7’s discharge without a plan highlighted. Either person still needs a file review.

If a sale date or repo is close, call. Otherwise bring a list of debts, who is on the house and car titles, and six months of income to a free consultation.

We compare both chapters against your actual debts and property — including Alabama exemptions or Georgia exemptions, depending on the state whose law applies. Georgia consumer bankruptcy at this firm is handled through Columbus. We cannot promise a particular chapter will be available.