Credit & Debt

Chapter 7 vs Chapter 13 Bankruptcy: Which Fits You?

Chapter 7 wipes out most unsecured debts in a few months; Chapter 13 spreads repayment over three to five years while you keep your property. Which fits depends on your income, assets, and whether you are behind on a mortgage or car loan.

Flat fintech illustration of a balance scale weighing a house and car against bills, with a calendar showing months versus years — the trade-off between the two bankruptcy chapters.
Keeping a home or car usually points to Chapter 13; a fast clean slate points to Chapter 7.

Key takeaways

  • Chapter 7 (liquidation): debts discharged in 3–6 months; a trustee can sell nonexempt property.
  • Chapter 13 (repayment plan): keep your property, pay creditors from income over 3–5 years.
  • Qualification: Chapter 7 needs a passed means test; Chapter 13 needs regular income.
  • Home decider: Chapter 13 cures missed mortgage payments; Chapter 7 cannot.
  • Credit reports: Chapter 7 up to 10 years, Chapter 13 generally 7 years.

Chapter 7 vs Chapter 13 at a glance

Both chapters are filed in federal bankruptcy court, both trigger the automatic stay, and both end in a discharge. The route differs: Chapter 7 sells unprotected property and discharges the rest quickly; Chapter 13 reorganizes debts into a plan paid over years.

Chapter 7Chapter 13
TypeLiquidationRepayment plan
TimelineAbout 3–6 months3–5 years
Keep property?Only exempt propertyYes, if the plan is paid
Catch up arrears?NoYes, through the plan
QualificationMeans testRegular income + debt caps
Credit reportUp to 10 yearsGenerally 7 years

Who qualifies: the means test vs regular income

Chapter 7 is built for filers whose income cannot realistically repay their debts. Below your state median income for your household size, you pass the means test at the first step. Above the median, a second calculation subtracts allowed expenses; if enough disposable income remains, Chapter 7 is presumed abusive and closed off absent special circumstances. The U.S. Trustee Program publishes the median figures.

Chapter 13 has no means test and no income ceiling, but it demands steady income large enough to fund a plan paying priority debts in full and giving unsecured creditors at least what a Chapter 7 liquidation would. Debt ceilings apply too: on the filing date, unsecured debts must be under $526,700 and secured debts under $1,580,125, under the Chapter 13 eligibility rules published by the U.S. Courts.

What happens to your home and car

This usually settles the choice. In Chapter 7, a trustee can sell property not protected by an exemption, which varies by state. If your home equity is fully covered by your state homestead exemption and the mortgage is current, you can keep the house. But if you are behind, Chapter 7 offers no way to catch up: the stay pauses foreclosure only temporarily.

Chapter 13 was built for that problem. Missed mortgage and car payments are folded into the plan as arrears and repaid over three to five years while regular payments continue. A home with equity above the exemption is also safe: you pay creditors the nonexempt value. The trade-off is duration: both payments must stay current for years.

Flat fintech illustration of two diverging paths at a crossroads — a short road to a clean slate and a longer road past a house and car, symbolizing the Chapter 7 vs Chapter 13 choice.
Chapter 7 clears debts in months; Chapter 13 repays them over years.

Which debts are discharged — and which survive

Both chapters discharge the same core unsecured debts: credit card balances, medical bills, personal loans, old utility bills, and unpaid rent. Chapter 13 goes slightly further: a few debts that survive Chapter 7, such as debts for willful injury to property, can be discharged there.

Some debts survive either chapter: child support and alimony, most student loans, recent income taxes, and debts incurred by fraud. The difference is what happens next. In Chapter 7 those debts remain after discharge. In Chapter 13, priority debts like support and recent taxes are paid in full through the plan.

Timeline: months vs years

A typical Chapter 7 case runs three to six months from filing to discharge, and most of that is waiting: the meeting of creditors usually happens within weeks, and discharge follows about two months later if nobody objects.

Chapter 13 is a multi-year commitment. Below-median filers may qualify for a three-year plan; above-median filers commit to five. A trustee collects one monthly payment and distributes it, and major moves like new debt usually need court approval. The risk is real: many Chapter 13 cases never reach discharge, because income drops or payments become unaffordable.

Credit report: 10 years vs 7 years

Chapter 7 stays on your credit report for up to 10 years from filing, while a completed Chapter 13 drops off after 7 years, according to Experian guidance on the two chapters. The clock starts at filing, not discharge, so a five-year plan entry may clear about two years after discharge.

The chapter matters less than what you do after it. Score damage is steepest in the first year or two, then fades. A Chapter 7 filer rebuilding for two years can look stronger than a Chapter 13 filer still mid-plan.

Which chapter fits your situation?

Work through these questions in order:

  • Behind on a mortgage or car loan you want to keep? Chapter 13 is your only route: Chapter 7 cannot cure arrears.
  • Do you pass the means test? Below-median income, or no meaningful disposable income, makes Chapter 7 available: faster and cheaper.
  • Nonexempt property worth protecting? A home with equity above your exemption, or a paid-off vehicle, points to Chapter 13.
  • Steady income for years? Chapter 13 only works if the plan payment stays affordable throughout.
  • Big nondischargeable debts? Back taxes or support arrears you want repaid in an orderly way favor Chapter 13.

If most answers point the same way, that chapter is your fit. If they split, get legal advice first.

What filing costs, briefly

Court filing fees are $338 for Chapter 7 and $313 for Chapter 13, per the U.S. Courts fee schedule: a small gap next to attorney fees, which run higher for Chapter 13. Our guide to how much it costs to file bankruptcy breaks down the full totals, and what happens if you file for bankruptcy walks through the process. If bankruptcy is not the right tool at all, debt relief programs may settle debts without a court filing.

This article is general information only and is not legal or financial advice. Bankruptcy law and exemptions vary by state: consult a licensed bankruptcy attorney in your state before filing.

Frequently asked questions

Which is better, Chapter 7 or Chapter 13 bankruptcy?

Neither is better in the abstract — they solve different problems. Chapter 7 is usually the better fit if you pass the means test, have little nonexempt property, and mainly want qualifying unsecured debts gone fast. Chapter 13 is the better fit if you have regular income, want to keep a home or car you are behind on, or earn too much to qualify for Chapter 7.

Can I keep my house if I file Chapter 7 or Chapter 13?

In Chapter 7, you can keep your home only if your equity is fully covered by your state homestead exemption and you stay current on the mortgage — there is no way to catch up missed payments. In Chapter 13, you can catch up missed mortgage payments through the repayment plan over three to five years, and you can keep a home even with nonexempt equity by paying its value to creditors through the plan.

How long does Chapter 7 vs Chapter 13 take from filing to discharge?

Chapter 7 typically runs three to six months from filing to discharge. Chapter 13 lasts three to five years, because discharge comes only after you complete the court-approved repayment plan — three years if your income is below your state median, generally five years if it is above.

How long will each chapter stay on my credit report?

A Chapter 7 bankruptcy stays on your credit report for up to 10 years from the filing date, while a completed Chapter 13 generally drops off after 7 years from filing. The clock starts when you file, not when you are discharged, and the score impact fades over time as you rebuild with on-time payments.

Which debts survive bankruptcy under either chapter?

Child support and alimony, most student loans, recent tax debts, and debts from fraud or willful injury generally survive both chapters. In Chapter 13, though, you can repay many of these nondischargeable debts gradually through the plan, which Chapter 7 does not let you do.

Where our numbers come from