When is chapter 13 preferable to chapter 7 for a debtor?
March 28, 2008
Chapter 13 is usually preferable for a person who:
- wishes to repay all or most of his or her unsecured debts and has the income with which to do so within a reasonable time,
- has valuable nonexempt property or has valuable exempt property securing debts, either of which would be lost in a chapter 7 case,
- is not eligible for a discharge under chapter 7,
- has one or more substantial debts that are dischargeable under chapter 13 but not under chapter 7, or
- has sufficient assets with which to repay most debts, but needs temporary relief from creditors in order to do so.
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