Complete Side-by-Side Comparison
This table covers every major factor that distinguishes Chapter 7 from Chapter 13. The data reflects 2026 filing fees, national discharge rates from the Federal Judicial Center, and current statutory limits under the Bankruptcy Code.
| Factor | Chapter 7 | Chapter 13 |
|---|---|---|
| Type | Liquidation -- debts eliminated | Reorganization -- debts repaid over time |
| Duration | 3-4 months | 3-5 years |
| Discharge Rate | 93%+ | 40-50% |
| Filing Fee | $338 | $313 |
| Attorney Fees | $1,000-$2,500 (paid upfront) | $3,000-$5,000 (mostly paid through plan) |
| Total Cost | $1,400-$2,900 | $3,300-$5,300+ (plus plan payments) |
| Means Test | Required -- income must be below state median or pass expense test | Not required -- but must have regular income |
| Income Requirement | Below state median (or pass means test) | Regular income sufficient to fund a plan; no income ceiling |
| Debt Limits | No debt limits | $2,750,000 combined secured + unsecured (as of 2024) |
| Plan Payments | None -- no repayment plan | Monthly payments for 3-5 years based on disposable income |
| Property / Assets | Exempt property protected; non-exempt assets may be liquidated (95% of cases are no-asset) | Keep all property; repay non-exempt value through plan |
| Home (Foreclosure) | Cannot stop foreclosure long-term; may delay temporarily | Can cure mortgage arrears over plan duration and stop foreclosure |
| Car | Keep if current on payments and equity is exempt | Can reduce car loan balance to vehicle value (cramdown) if loan is 910+ days old |
| Credit Report | Stays 10 years from filing date | Stays 7 years from filing date |
| Credit Recovery | Often faster -- case resolved in months, rebuilding starts sooner | Slower -- 3-5 years under plan before rebuilding begins |
| Tax Debts | Some older income taxes dischargeable (3-year, 2-year, 240-day rules) | Priority taxes paid in full through plan; older taxes may get partial payment |
| Student Loans | Requires adversary proceeding proving undue hardship | Requires adversary proceeding proving undue hardship (same standard) |
| Child Support / Alimony | Not dischargeable | Not dischargeable; must stay current during plan |
| Trustee Role | Examines assets; liquidates non-exempt property | Collects plan payments; distributes to creditors over 3-5 years |
| Automatic Stay | Stops all collection activity immediately upon filing | Stops all collection activity immediately upon filing |
| Repeat Filing Wait | 8 years after prior Ch. 7; 6 years after Ch. 13 (with exceptions) | 2 years after prior Ch. 13; 4 years after prior Ch. 7 |
| Best For | Low income, mostly unsecured debt, want fast fresh start | Saving a home, catching up on secured debt, above-median income, non-exempt assets |
Understanding the Key Differences
The numbers tell a clear story. Chapter 7 resolves in months with a 93%+ success rate; Chapter 13 takes years and fails more than half the time in many districts. But the right choice is not always the one with better statistics -- it depends on what you are trying to protect.
If you earn above your state's median income, Chapter 7 may not be available to you at all. If you are behind on your mortgage and want to keep your home, only Chapter 13 lets you cure the arrears over time while the automatic stay stops foreclosure proceedings. If you financed a car more than 910 days before filing, Chapter 13 lets you "cram down" the loan to the car's current value -- a powerful tool unavailable in Chapter 7.
Cost is another critical factor. Chapter 7 is a one-time expense of $1,400-$2,900. Chapter 13 involves ongoing attorney fees plus 3-5 years of plan payments that can total tens of thousands of dollars. And if a Chapter 13 case is dismissed before completion -- which happens in roughly half of cases -- the debtor may have paid thousands with nothing to show for it.
Which Is Right for You?
Choose Chapter 7 if:
- Your income is below your state's median (or you pass the means test)
- You have mostly unsecured debt (credit cards, medical bills, personal loans)
- You want a fast discharge (3-4 months) and immediate fresh start
- You are not behind on mortgage or car payments
- Your property is fully covered by exemptions
Choose Chapter 13 if:
- You need to stop a foreclosure and catch up on mortgage arrears
- You have significant non-exempt assets you want to keep
- You earn above the median and do not qualify for Chapter 7
- You want to cram down a car loan to the vehicle's current value
- You need to repay priority debts (recent taxes, support obligations) over time
Use the free means test calculator to check your eligibility, or the discharge eligibility screener to check waiting periods.
Related Guides
- Chapter 7 vs Chapter 13 Cost Breakdown -- detailed fee analysis
- Bankruptcy Timeline -- step-by-step from filing to discharge
- Which Chapter Should I File? -- decision guide
- How Much Does Bankruptcy Cost? -- complete cost guide
- Bankruptcy vs Debt Relief Alternatives -- compare all options