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What's the difference between filing Chapter 7 and Chapter 13?

The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt.

Are all debts forgiven under Chapter 7?

An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7.

What does a discharge of Chapter 7 mean?

The Chapter 7 Discharge. A discharge releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor.

What can be discharged under Chapter 7?

What Debts Are Discharged in Chapter 7 Bankruptcy? Child support. Alimony. Student loans. Some tax debt. Homeowners association fees. Court fees and penalties. Personal injury debts you owe due to an accident while you were intoxicated. Unsecured debts that you intentionally left off your filing.

Does Chapter 7 means test use gross or net income?

On the first form\u2014Chapter 7 Statement of Your Current Monthly Income (Form 122A-1)\u2014you'll list all gross income received during the six full months before your bankruptcy filing date. You'll pass the test as long as your income doesn't exceed the state median income.

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What will I lose in Chapter 13?

A Chapter 13 bankruptcy can remain on your credit report for up to 10 years, and you will lose all your credit cards. Bankruptcy also makes it nearly impossible to get a mortgage if you don't already have one.

Which is worse for your credit Chapter 7 or 13?

Chapter 7 and Chapter 13 bankruptcy both affect your credit score the same \u2013 having a Chapter 13 bankruptcy on your credit report will not be any better for your score than a Chapter 7.

What debts Cannot be discharged in Chapter 7?

Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.

What happens to debt when you file Chapter 7?

Chapter 7 bankruptcy erases or "discharges" credit card balances, medical bills, past-due rent payments, payday loans, overdue cellphone and utility bills, car loan balances, and even home mortgages in as little as four months. But not all obligations go away in Chapter 7.

Is Social Security included in Chapter 7 means test?

Qualifying for Chapter 7 if You Have Social Security Income Since Social Security benefits are considered an \u201casset\u201d and not \u201cincome\u201d for bankruptcy purposes, Social Security funds do not count on the means test. It does not matter what type of Social Security income you receive.

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