When Is A Chapter 13 Case Preferable To A Chapter 7?

When Is A Chapter 13 Case Preferable To A Chapter 7?

A Chapter 13 bankruptcy is preferable for individuals or couples who:

  1. Wish to repay all or most of their debts and has the income to do so within a reasonable time
  2. Have valuable non-exempt property or have property securing debts either of which might be lost in a Chapter 7 case
  3. Are not eligible to file a Chapter 7 because their income is too high or because they previously filed a Chapter 7 case in the last eight years
  4. Have one or more substantial debts that are dischargeable under Chapter 13 but not dischargeable under Chapter 7
  5. Have sufficient assets or income to repay most debts, but need relief from the creditors to do so

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