Most consumers have heard of Chapter 7 bankruptcy but there is another type known as Chapter 13. This article details some of the differences between the two and how they may affect someone who has to file.
There are many differences between Chapter 7 and Chapter 13, but the main difference between Chapter 13 and Chapter 7 is Chapter 13 often allows a debtor (the person filing for bankruptcy) to keep certain assets that would otherwise be lost under the Chapter 7 rules. In many cases, you are allowed to keep your home and your car under either plan as long as your equity does not exceed certain limits. Under Chapter 7, however, you would not be able to keep rental properties, antique collections, and things of that nature, which you can retain under Chapter 13.
In general, a Chapter 13 bankruptcy is usually filed for people who have too much income to file under Chapter 7. This also includes persons who have a large amount of non-dischargeable property.
Chapter 13 bankruptcy is for individuals, or small business owners, who want to repay their creditors but are in financial hardship. Chapter 13 normally protects individuals from the collection efforts of...