Source: Federal court records, 4.9 million cases. Explore the data
The Master Comparison Table
This table covers every major difference between Chapter 7 and Chapter 13 bankruptcy. Data is based on federal court records covering 4.9 million cases across all 94 districts.
| Category | Chapter 7 | Chapter 13 |
|---|---|---|
| Type | Liquidation | Reorganization |
| How it works | Non-exempt assets sold to pay creditors; remaining qualifying debts eliminated | Debtor pays creditors through a 3-5 year plan; remaining qualifying debts eliminated after completion |
| Discharge rate | 93%+ | ~40-50% |
| Timeline to discharge | 3-4 months | 3-5 years |
| Monthly payments required | No | Yes -- entire plan duration |
| Filing fee | $338 | $313 |
| Filing fee waiver available | Yes (Form 103B) | No (installments only) |
| Typical attorney fees | $1,000-$2,500 | $3,000-$5,000 |
| When attorney fees are paid | Upfront, before filing | Through the plan (3-5 years) |
| Total cost | $1,400-$2,900 | $3,300-$5,400 |
| Income eligibility | Must pass means test | No income ceiling (regular income required) |
| Debt limits | No limits | Secured: $2,750,000; Unsecured: $2,750,000 (as of 2024) |
| Property treatment | Non-exempt assets may be sold | Keep all assets; pay equivalent value through plan |
| Mortgage arrears | Cannot cure -- must be current | Can cure arrears through plan |
| Car loan treatment | Reaffirm, redeem, or surrender | Cramdown available (loans 910+ days old) |
| Cosigner protection | No -- creditors can pursue cosigners | Codebtor stay protects cosigners during plan |
| Credit report duration | 10 years from filing | 7 years from filing |
| Repeat filing wait (to same chapter) | 8 years | 2 years |
| Trustee role | Reviews assets; liquidates non-exempt property | Collects and distributes monthly payments |
| 341 meeting required | Yes (one time) | Yes (one time) |
| Credit counseling required | Yes (pre-filing + post-filing) | Yes (pre-filing + post-filing) |
| Superdischarge (broader debt coverage) | No | Yes -- covers some debts Ch.7 does not |
| Best for | Low income, primarily unsecured debt, no assets at risk | Behind on mortgage, high income, non-exempt assets, cosigned debts |
Eligibility Comparison
| Requirement | Chapter 7 | Chapter 13 |
|---|---|---|
| Income test | Must pass means test (below state median or low disposable income) | No income ceiling -- must have regular income |
| Prior bankruptcy timing | No Ch.7 discharge in past 8 years; no Ch.13 discharge in past 6 years | No Ch.7 discharge in past 4 years; no Ch.13 discharge in past 2 years |
| Credit counseling | Required within 180 days before filing | Required within 180 days before filing |
| Prior case dismissal | May face 180-day bar if prior case dismissed for cause | May face 180-day bar if prior case dismissed for cause |
| Entity type | Individuals, married couples, businesses | Individuals and married couples only (no businesses) |
Debt Discharge Comparison
Both chapters discharge most unsecured debts, but Chapter 13 offers a broader "superdischarge" that covers some debts Chapter 7 does not. Here is the complete breakdown:
| Debt Type | Chapter 7 | Chapter 13 |
|---|---|---|
| Credit card debt | Discharged | Discharged after plan |
| Medical bills | Discharged | Discharged after plan |
| Personal loans | Discharged | Discharged after plan |
| Utility bills | Discharged | Discharged after plan |
| Mortgage deficiency | Discharged | Discharged after plan |
| Willful property damage | Not discharged (523(a)(6)) | May be discharged (superdischarge) |
| Debts from marital settlement (non-support) | Not discharged (523(a)(15)) | May be discharged (superdischarge) |
| Mortgage arrears | Cannot cure | Cured through plan |
| Car loan arrears | Surrender, reaffirm, or redeem | Cure arrears in plan |
| Recent tax debts (under 3 years) | Not discharged | Repaid through plan as priority |
| Older tax debts (3+ years, filed) | May be discharged | May be discharged |
| Student loans | Requires adversary proceeding | Requires adversary proceeding |
| Child support / alimony | Never discharged | Never discharged |
| Fraud-based debts | Not discharged | Not discharged |
| DUI injury debts | Not discharged | Not discharged |
| Criminal fines / restitution | Not discharged | Not discharged |
For more detail on nondischargeable debts, see 523a.org and nondischargeable.org.
Property Treatment Comparison
| Property Situation | Chapter 7 | Chapter 13 |
|---|---|---|
| Home (current on payments, equity within exemption) | Keep | Keep |
| Home (current, equity exceeds exemption) | Trustee may sell | Keep -- pay non-exempt equity through plan |
| Home (behind on payments) | Cannot cure arrears | Cure arrears through plan |
| Car (current on payments) | Keep (reaffirm) | Keep |
| Car (behind on payments) | Reaffirm, redeem, or surrender | Cure arrears; cramdown if 910+ days old |
| Retirement accounts (401k, IRA) | Fully exempt | Fully exempt |
| Personal property within exemptions | Keep | Keep |
| Non-exempt personal property | Trustee may sell | Keep -- pay equivalent through plan |
For detailed guidance on keeping your property, see our property protection guide. For means test calculations that determine Chapter 7 eligibility, visit meanstest.org.
Who Should File Which Chapter?
Chapter 7 is typically best if you:
- Pass the means test (income below state median)
- Have primarily unsecured debt (credit cards, medical bills)
- Have no significant non-exempt assets
- Are current on your mortgage and car payments (or willing to surrender)
- Want a fresh start in 3-4 months, not 3-5 years
- Do not have cosigners you need to protect
Chapter 13 is typically best if you:
- Are behind on your mortgage and need to save your home
- Earn too much to pass the Chapter 7 means test
- Have non-exempt assets you want to keep
- Need to repay priority debts (recent taxes, support arrears) through a structured plan
- Have cosigners you want to protect from collection
- Need the superdischarge for debts Chapter 7 cannot eliminate
- Had a recent bankruptcy that bars a Chapter 7 discharge under 11 U.S.C. § 1328(f)
Not sure which chapter? Use our decision framework to work through the key factors. Check meanstest.org for the means test, and use 1328f.com to verify discharge eligibility timing.
Frequently Asked Questions
What is the biggest difference between Chapter 7 and Chapter 13?
The success rate. Chapter 7 has a 93%+ discharge rate -- meaning almost everyone who files gets relief. Chapter 13 has a 40-50% discharge rate nationally, meaning roughly half of all filers never complete their plan and get nothing. Time is the second biggest difference: 3-4 months vs. 3-5 years.
Can I keep my house in Chapter 7?
Yes, if you are current on payments and your home equity is within your state's homestead exemption. If your equity exceeds the exemption, the trustee may sell the home and pay you the exempt amount. If you are behind on payments, Chapter 7 will not help you catch up -- Chapter 13 is designed for that.
What is the Chapter 13 superdischarge?
Chapter 13 can discharge some debts that Chapter 7 cannot, including willful and malicious property damage (11 U.S.C. § 523(a)(6)) and non-support debts from marital settlements (§ 523(a)(15)). This broader discharge is called the "superdischarge." See our debt types comparison for the full list.
Which chapter costs less?
Chapter 7 costs significantly less: $1,400-$2,900 total vs. $3,300-$5,400 for Chapter 13. More importantly, Chapter 7's 93%+ success rate means the cost is almost never wasted. With Chapter 13's 40-50% failure rate, there is a coin-flip chance you pay everything and get no discharge. See the full cost comparison.
Related Resources
- Which Chapter Should I File? -- Decision framework
- Cost Comparison -- Detailed fee breakdown
- Timeline Comparison -- How long each chapter takes
- Credit Impact -- How each chapter affects your credit
- meanstest.org -- Free means test calculator
- whatischapter7.com -- Deep dive on Chapter 7
- chapter13plan.org -- Deep dive on Chapter 13 plans
- dischargebar.org -- Discharge bar timing rules
Last updated: March 2026. This is educational information, not legal advice.
Cited in Federal Rules Suggestion 26-BK-3