Should I file Chapter 13 or Chapter 7 in California?

If you’re considering bankruptcy as a means to erase or manage your debt, it’s important to understand the differences and implications of the types of bankruptcies available. In the U.S, the most commonly filed types of personal bankruptcies are Chapter 7 and Chapter 13, both of which can provide relief from overwhelming debt, but in different ways and with varying conditions. This blog post will discuss these two chapters and offer some insight if you’re deciding between Chapter 7 and Chapter 13 bankruptcy in California.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is designed to discharge most of your non-exempt debts by selling off non-exempt assets. For individuals with little to no disposable income, Chapter 7 offers a chance to wipe the slate clean.

In California, like in other states, you need to qualify for Chapter 7 via the means test. This test assesses your income in relation to the median income of similarly sized households in California. If your income falls below the median, you can file for Chapter 7. However, if your income is above the median, additional tests on your disposable income and expenses are needed.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy, on the other hand, is designed for individuals who have regular income and can pay back a portion of their debt through a repayment plan. It allows filers to keep their assets and restructure their obligations to make payments more manageable.

Debtors who opt for this form of bankruptcy propose a three- to five-year repayment plan. If the court approves the repayment plan, creditors are then bound to this new agreement.

Consider Your Circumstances

To determine which chapter of bankruptcy you should file, you’ll want to consider your unique circumstances and seek legal advice. A few key things to consider include your income, assets, debt load, and your long-term financial goals. For instance, if your major concern is saving a home from foreclosure, Chapter 13 would be the better option, as it offers a provision that helps filers catch up on past due mortgage payments.

However, if you have limited income and no major assets, Chapter 7 may provide the relief you need. Everyone’s situation is unique, and it’s important to review all options with a knowledgeable California bankruptcy attorney.

Conclusion

Navigating the bankruptcy process can be challenging and confusing. Understanding your options in detail enables you to make an informed decision. Whether Chapter 7 or Chapter 13 is more suitable for you depends chiefly on your financial situation and goals.

At Liviakis Law Firm, we provide comprehensive guidance throughout the bankruptcy process. Contact our team for a dedicated approach to resolving your financial difficulties.