When is a Chapter 13 case preferable to a Chapter 7?
A Chapter 13 bankruptcy is preferable for individuals or couples who:
- Wish to repay all or most of their debts and has the income to do so within a reasonable time; or
- Have valuable nonexempt property or have property securing debts either of which might be lost in a Chapter 7 case; or
- Are not eligible to file a Chapter 7 because your income is too high or because you previously filed a Chapter 7 case in the last eight years; or
- Have one or more substantial debts that are dischargeable under Chapter 13 but not dischargeable under Chapter 7; or
- Have sufficient assets or income to repay most debts, but need relief from the creditors to do so.