Why Chapter 13?

Why would a debtor choose to file Chapter 13 over Chapter 7?

  • If a debtor wishes to protect non-exempt property from liquidation that would be lost in a Chapter 7.
  • The debtor is behind on auto or house payments and needs to cure the arrears over time.
  • Debtor wishes to modify the secured debt on a vehicle or mobile home.
  • Debtor is not eligible to file Chapter 7 or to obtain a Chapter 7 discharge.
  • The debtor is seeking a super discharge provided for under Chapter 13 which may discharge debt not dischargeable in Chapter 7.
  • The debtor wishes to protect a co-debtor on consumer debt from legal action.

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