Consumer Bankruptcy Attorney

The chapter choice usually starts with the pressure point, not the label. Ask what needs to be fixed first:

• If the main problem is unsecured debt, Chapter 7 is often the first chapter people evaluate.
• If you are behind on a mortgage or car loan and need time to catch up, Chapter 13 is often the chapter under review.
• If property protection is the real concern, exemptions and plan structure usually matter more than slogans about a "fresh start."
• If collection pressure is already active, timing matters because the automatic stay in 11 U.S.C. § 362 has exceptions under 11 U.S.C. § 362(b).

If you are already defending a debt collection lawsuit, bankruptcy may be one way to stop the cycle while you evaluate the longer-term fit.

Chapter 7 bankruptcy focuses on discharge of qualifying unsecured debt. Eligibility is shaped in part by the means-test rules in 11 U.S.C. § 707(b), and the discharge itself is governed by 11 U.S.C. § 727.

Chapter 13 bankruptcy uses a court-supervised repayment plan for individuals with regular income. Plan length and payment timing are addressed in provisions such as 11 U.S.C. §§ 1322(d) and 1326(a)(1).

In practice, the decision is often about what must happen next. Chapter 7 is usually evaluated when faster debt relief is the goal. Chapter 13 is usually evaluated when arrears, property protection, or a longer runway is the real issue.

One of the biggest mistakes is assuming the same chapter fits everyone with debt stress. 11 U.S.C. § 522 supplies the exemption framework, and the applicable exemption system can depend on the law that applies in your case.

That is why a person with mostly credit card debt may evaluate bankruptcy differently from someone who needs to cure mortgage arrears or protect exposed equity. Move from this hub into the chapter-specific pages once you know which pressure point is driving the decision.