Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney

Differences Between Chapter 7 and Chapter 13 Bankruptcy

March 16, 2021
Posted By: Robert M. Kaplan, Esq.
pen sitting next to signature line on paper

Although bankruptcy filings are down compared to the high numbers seen during the Great Recession, there were still more than 612,000 American bankruptcy filings from September 2019 to September 2020. The vast majority of those were either Chapter 7 or Chapter 13 filings, which are the two most common forms of bankruptcy.

If you have found yourself overwhelmed with debt and see little way out, bankruptcy might be your best option. Depending on your income, asset, debts, and financial goals, either Chapter 7 or Chapter 13 bankruptcy is likely right for you.

The best way to proceed if you are thinking of filing for bankruptcy is to talk with an experienced Schaumburg bankruptcy attorney such as Mr. Robert M. Kaplan. Bankruptcy is never something to take lightly. Hence, it’s always best to speak with a professional before proceeding.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy will eliminate unsecured debts such as credit cards and medical bills. Those who qualify for Chapter 7 have little disposable income and relatively few assets.

When you file for Chapter 7 bankruptcy in Schaumburg, a trustee will handle your case. One of the trustee’s duties is to sell any non-exempt property to help pay back your creditors. If you have no nonexempt property, your creditors will receive nothing.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy will reorganize your current debts so that at least a portion can be paid back. Those who make a regular income often make too much money to file for Chapter 7 bankruptcy, so Chapter 13 may be a more appropriate option.

When you file for Chapter 13 bankruptcy, you typically get to keep all of your property. In return, you will repay some of your debts with a repayment plan. Chapter 13 offers homeowners a good opportunity to get caught up if they have fallen behind on mortgage payments or need to pay off debts that cannot be discharged, such as child support.

Call an Expert in Bankruptcy Law in Schaumburg

Call Schaumburg bankruptcy law expert Robert M. Kaplan today at (847) 845-9477 to find out which bankruptcy option is appropriate for your situation and to schedule a free, no-risk consultation at our law office. 

If you have difficulty using our website, please email us or call us at (847) 845-9477
View the ADA Accessibility Statement