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Bankruptcy: Chapter 7 vs. Chapter 13

Updated November 8, 2026

Bankruptcy is a federal court process that stops collection from the day you file and either wipes out debts (Chapter 7) or sets up a plan to repay part of them (Chapter 13). Most people file under one of these two chapters.

Chapter 7 Chapter 13
What happens Most unsecured debts are wiped out You repay part of your debts through a court plan
Who qualifies Income below your state's median, or passing the means test Regular income, debts under the legal limits
How long About 4 months 3 to 5 years
Your property Exempt property is kept; other property may be sold You keep your property while you follow the plan
On your credit report 10 years from filing 7 years from filing
Saves a home in foreclosure Usually not Yes, you can catch up missed payments in the plan

Debts bankruptcy usually doesn't wipe out

  • Most recent taxes
  • Child support and alimony
  • Student loans, unless you show undue hardship (the federal government made this process easier in 2022)
  • Debts from fraud, and court fines

Steps to file

  1. Take a credit counseling course from a provider approved by the U.S. Trustee Program, within 180 days before filing.
  2. File your petition and schedules with the bankruptcy court, usually with a bankruptcy attorney.
  3. Attend the meeting of creditors, which is usually short.
  4. Complete a debtor education course before your debts are discharged.

Before you decide

Bankruptcy is a legal decision. Many bankruptcy attorneys offer a free first consultation and can tell you which chapter fits and what you'd keep. If you can afford reduced payments, compare a debt management plan or debt settlement first.