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You cannot file for Chapter 7 bankruptcy if you
received a Chapter 7 or Chapter 13
discharge within
the previous six years (unless you paid off at least
70% of your unsecured debts in the chapter 13
bankruptcy). On the other hand, you can file
for Chapter 13 bankruptcy at any time.
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You have valuable
non-exempt property you do not want to lose.
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You are behind on your mortgage or car loan. In
Chapter 7, you have little protection from
foreclosure or repossession of your property if you
are behind on payments. In Chapter 13, you can
repay mortgage
arrearage through your plan, and keep your home
by making the future payments required under your
mortgage loan contract. For a vehicle, the entire
loan can be restructured and paid through your
Chapter 13 plan.
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You have debts that are
non-dischargeable in Chapter 7.
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You have
co-debtors on consumer loans. In
Chapter 7, the creditors will go after your
co-debtors for payment if you do not pay them in
full. In Chapter 13, the creditors may not
seek payment from your co-debtors for the
duration of your case if your Chapter 13
plan provides for full payment of co-signed
debts.
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Your income is sufficient to
pay some of your debts and Chapter 7 might be
considered a
substantial abuse of the bankruptcy laws.
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Your debts include tax
obligations. Chapter 13 will protect you
from collections by tax agencies such as the IRS
and allow the repayment of tax obligations
without interest or penalties.
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You feel a moral obligation to repay that portion
of your debts that you are able to. |