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Should I Choose Chapter 7 Bankruptcy or Chapter 13 Bankruptcy?

October 23rd, 2017 Bankruptcy

Many people face the hard choice of filing for bankruptcy in Arkansas every year. The attorneys at Nolan Caddell Reynolds, understand while bankruptcy might not be your first choice for dealing with debt, choosing the right path – between chapters 7 and 13 bankruptcy – can make a serious difference in your future quality of life.

Here are a few key differences between chapters 7 and 13 bankruptcy and how working with a bankruptcy lawyer can help.

In many cases, Chapter 7 bankruptcy is a better fit than Chapter 13 bankruptcy. For instance, Chapter 7 bankruptcy is usually quicker; a debtor can keep all or most of their property; and Chapter 7 filers don’t pay creditors in a three- to five-year Chapter 13 repayment plan. But not everyone qualifies to file for Chapter 7 bankruptcy…

Who Should File for Chapter 7 Bankruptcy in Arkansas?

Chapter 7 works very well for many people, especially those who:

  • don’t have a lot of property that they’d like to keep
  • have credit card balances, medical bills, and personal loans (these debts get wiped out in this chapter), and
  • whose family income doesn’t exceed the state median for the same family size.

Chapter 7 bankruptcy isn’t the best fit for everyone. It doesn’t work well for high-income filers, those with debts that won’t get wiped out (discharged), such as certain income tax debt, student loans, and domestic support obligations, and those who would lose substantial equity in a home or other property if they filed for Chapter 7 bankruptcy. For those individuals, Chapter 13 bankruptcy would likely be a better choice.

Advantages of Chapter 7 Bankruptcy in Arkansas

Chapter 7 bankruptcy is an efficient way to get out of debt quickly, and most people would prefer to file for Chapter 7 bankruptcy, if possible. Here’s how it works:

  • It’s relatively quick. A typical Chapter 7 bankruptcy case takes three to six months to complete.
  • No payment plan. Unlike Chapter 13 bankruptcy, a filer doesn’t pay into a three- to five-year repayment plan.
  • Many, but not all debts get wiped out. The person filing emerges debt-free except for particular types of debts, such as student loans, recent taxes, and unpaid child support. (For more on these “nondischargeable” debts, see What Is a Nondischargeable Debt?)
  • You can protect property. Although you can lose property in Chapter 7 bankruptcy, most filers can keep everything that they own. Bankruptcy lets you keep most necessities, and, if you don’t have much in the way of luxury goods, the chances are that you’ll be able to exempt (protect) all or most of your property.
  • Keeping a house or car. You can also keep your house or car as long as you’re current on the payments, can continue making payments after the bankruptcy case, and can exempt the amount of equity you have in the property. (Find out what you can protect in Bankruptcy Exemptions by State.)

If you have income left over subtracting allowed expenses, including payments for child support, tax debts, secured debts (such as a mortgage or car loan), you won’t qualify to file for Chapter 7 bankruptcy. (For more information on this and other Chapter 7 eligibility requirements, see The Bankruptcy Means Test.)

Drawbacks of Chapter 13 Bankruptcy in Arkansas

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.

Here are a few other things filers find challenging:

  • You must complete the entire three- to five-year repayment plan before any qualifying debt balances get wiped out (unless the court lets you off the hook early for hardship reasons).
  • If you owe nondischargeable past due taxes, or support arrearages, you’ll have to pay off the entire balance in your plan (many people don’t have sufficient income to do so).
  • To keep a house or car, you’ll need to repay the arrearages over the course of your plan (while continuing to pay your regular monthly payment).
  • Many people who file for Chapter 13 bankruptcy don’t complete their plans, so filers run a very real risk that their debts won’t be discharged ultimately.

Despite these potential problems, Chapter 13 bankruptcy is a good option for people who have a regular income to pay into a repayment plan, and who would otherwise lose their house to foreclosure or who need time to pay back tax or support arrearages.

For more information about Chapters 7 & 13 bankruptcy, Contact Nolan Caddel Reynolds to learn more about social security disability by calling 866-242-0452 today.

Typically I don’t leave much feedback for services rendered, however, in this particular case I think everyone needs to know about my experience with Caddell Reynolds. I have used various attorneys throughout my adulthood for various reasons. Recently I retained an attorney, Joel Hargis, from this firm. If anybody is just satisfied with meeting expectations you need to consider this firm for exceeding expectations. This attorney and his staff far exceeded any expectations I had at the onset. Tammy was amazing in making me feel comfortable with the various entries and documentation needed. Mandy goes above and beyond in being responsive to questions and needs. An example which has never happened to me before with any law firm, was I sent an email late Saturday night requesting an appointment and information and on Sunday I got a response back. What law firm does that? Never in my experience has that ever happened to me. Joel is absolutely amazing. He doesn’t circumvent the law he explains the law that any novice can understand. He left no doubt in my mind of his knowledge, his experience, his attention to detail, and his overall diligence in making sure that I was going to be represented in a manner that my confidence level in my particular case went up 150%. I very much recommend this law firm and if the rest of their legal team is as good as the one I retained within this firm they will go far in servicing any client that needs representation. Amazing and astounding don’t really define or describe how I feel. One word comes to mind, indescribable!

John T