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Chapter 7 vs Chapter 13: What’s the Difference?

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Bankruptcy Attorney in St. Charles, Missouri

What are the key differences between Chapter 7 and Chapter 13 bankruptcy? Some people might try to go through the bankruptcy process without an attorney, thinking they can save money this way. However, this is almost always a mistake. Bankruptcy is a complex legal process, and it’s very difficult to navigate without professional help.

An experienced bankruptcy attorney will be able to explain the different types of bankruptcy and help you choose the one that’s right for your particular situation. They can also help you gather the necessary documentation and fill out the paperwork correctly.

Most importantly, a good bankruptcy attorney will be able to protect your rights and ensure that you get the best possible outcome from your bankruptcy. Without an attorney, you could lose important assets or end up with a much higher debt burden than you anticipated.

Westbrook Law Group has a wealth of experience in chapter 7 and chapter 13 bankruptcy. Our St Charles attorneys have helped countless individuals get out of debt and regain their financial freedom. If you’re struggling with debt, we can help you explore your options and offer the best solution for your situation.

Why do I need a Bankruptcy Attorney in Missouri?

Chapter 7 vs Chapter 13 bankruptcy

 

If you are considering bankruptcy, it is important to understand the difference between chapter 7 and chapter 13. Chapter 7 bankruptcy is also known as liquidation bankruptcy. This type of bankruptcy allows you to discharge your debts to give up your nonexempt assets. The trustee will sell your non-exempt assets and the proceeds will be used to pay your creditors.

Chapter 13 bankruptcy is also known as a reorganization bankruptcy. This type of bankruptcy allows you to keep your nonexempt assets and repay your debts over a three- to five-year period. You will need to have a regular income to qualify for chapter 13 bankruptcy.

It is important to consult with an experienced bankruptcy attorney to determine which type of bankruptcy is right for you. At Westbrook Law Group, our experienced bankruptcy attorneys can help you understand your options and guide you through bankruptcy. Call us today to schedule a consultation.

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When you’re in debt, it’s difficult to focus on anything else. But there are steps that you can take to get out of debt – even if your credit is damaged or your income has been cut off completely! Call our St. Charles bankruptcy attorneys at Westbrook Law Group to find out how to escape the shackles of debt and get relief in Missouri.

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is a type of bankruptcy that helps individuals get rid of their debt. This type of bankruptcy involves selling some of your assets to pay off your creditors. 

Some of the advantages of filing for Chapter 7 bankruptcy include:

  • You may be able to discharge all of your unsecured debt.
  • You can stop wage garnishment and other collection actions.
  • You may be able to keep certain exempt property.
  • Filing for bankruptcy can give you a fresh start.

Some of the disadvantages of filing for Chapter 7 bankruptcy include:

  • You may lose some of your assets.
  • Chapter 7 bankruptcy stays on your credit report for up to 10 years.
  • You may have difficulty getting credit in the future.

If you are considering filing for Chapter 7 bankruptcy, it is important to speak with an experienced Missouri bankruptcy attorney. An attorney can help you determine if you qualify for Chapter 7 bankruptcy and can help you protect your assets.

How Do I Qualify for Chapter 7 Bankruptcy?

To qualify for Chapter 7 bankruptcy, you must pass a means test. The means test will determine if you have the ability to repay your debts. If you do not pass the means test, you may still be able to file for Chapter 13 bankruptcy.

Some of the requirements for the means test include:

  • Your income must be below the median income for your state.
  • You must have little to no disposable income.
  • Your debts must be primarily unsecured debts.

If you meet the requirements for the means test, you will likely be able to file for Chapter 7 bankruptcy. 

How Do I File Chapter 7 Bankruptcy in Missouri?

To file for Chapter 7 bankruptcy in Missouri, you must first complete the means test. Once you have completed the means test, you will need to gather the following documents:

  • A list of your creditors and the amount of money you owe each creditor.
  • A list of your assets and your estimated value of each asset.
  • Your most recent tax return.
  • Your pay stubs or other proof of income.

If you are considering filing for Chapter 7 bankruptcy, it is important to speak with an experienced St Charles bankruptcy attorney. An attorney can help you determine if you qualify for Chapter 7 bankruptcy and can help you protect your assets. Visit our page for more in-depth information about Chapter 7 Bankruptcy.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy is a type of bankruptcy that allows individuals to restructure their debt and repay it over time. Chapter 13 bankruptcies are also known as “reorganization” bankruptcies because they allow debtors to reorganize their finances and create a repayment plan to repay their creditors.

How do I qualify for Chapter 13 bankruptcy?

To qualify for Chapter 13 bankruptcy, an individual must have a regular source of income and owe less than $394,725 in unsecured debt (such as credit card debt or medical bills) or $1,184,200 in secured debt (such as mortgage debt). An individual must also complete pre-bankruptcy credit counseling from an approved provider.

What is the process for filing a Chapter 13 bankruptcy?

Filing a Chapter 13 bankruptcy begins with the debtor filing a petition with the bankruptcy court. The petition will list the debtor’s creditors, income, expenses, and assets. The debtor will also need to file a proposed repayment plan with the court. 

Once the petition and repayment plan are filed, the court will hold a meeting of creditors. At this meeting, the creditors can object to the repayment plan. If there are no objections, or if any objections are resolved, the court will confirm the repayment plan and the debtor will begin making payments under the plan.

How long does Chapter 13 bankruptcy last?

Chapter 13 bankruptcies typically last for three to five years. During this time, debtors must make their required payments and may not incur any new debt without court approval. Any remaining dischargeable debt will be eliminated at the end of the bankruptcy.

What Should I Do If I Am Considering Filing For Chapter 13 Bankruptcy?

If you are considering filing for Chapter 13 bankruptcy, it is important to consult with an experienced bankruptcy attorney to ensure that you understand the process and your rights. An attorney can also help you determine if Chapter 13 is the right option for your particular financial situation. Visit our page for more information about this type of bankruptcy.

Westbrook Law Group is a law firm that specializes in Chapter 13 bankruptcy. Our attorneys have extensive experience handling Chapter 13 bankruptcies and can help you navigate the process from start to finish. We understand that each bankruptcy case is unique, and we will work with you to develop a customized plan that fits your specific needs and goals.

Contact Chapter 7 vs Chapter 13 Bankruptcy Attorney near you!

If you are considering filing for Chapter 7 or Chapter 13 bankruptcy, contact Westbrook Law Group today to schedule a consultation with one of our experienced attorneys. Our St Charles bankruptcy attorney can help you understand the process and ensure that you are taking advantage of all the benefits that bankruptcy has to offer.

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