Digging deeper you may find you don't have a choice or you may want to file chapter 13 for various reasons.
Read further to see what some of those reasons are.
The biggest factor that might not give you a choice in which chapter you file is income.
Each state has a median income level that limits you to filing chapter 13 bankruptcy if you make more than your states limits.
This scale also is adjusted for family size.
If you are under the limit than you could file chapter 7, but look at the following to see if chapter 13 might not be the better choice for you.
Here are a couple of benefits that chapter 13 offers.
- Save Your House - this chapter can stop foreclosure and allows you the time to get caught up with your house payments.
The judge will set the precedent for this and you are under the protection of the court. - Reduced Payments - the court will determine your payment based on different factors and you will only have to make one payment to them.
In most cases this will be lower than what you are paying now.
Any raises or lump sum inheritances have to be reported to the court and they will probably make adjustments to your creditors.
The good news is that after you fulfill your contract with the court your outstanding debt will be discharged, you can start fresh again.
This is not a bad trade off considering the options if you are in a serious debt dilemma.
There are more factors that come with a chapter 13 bankruptcy filing.