Minnesota · MN

Chapter 7 vs Chapter 13 in Minnesota

Means test thresholds, Minnesota homestead protection, local federal court filing data, and which chapter actually fits the typical Minnesota filer.

The Minnesota Answer in One Paragraph

Minnesota filers choose between Chapter 7 (liquidation, 3-4 months, strong discharge rate) and Chapter 13 (3-5 year repayment plan, better for saving a home from foreclosure or for filers above the means test). Three Minnesota-specific inputs drive the choice: (1) the Minnesota means test median of $79,161 for a 1-person household, (2) the Minnesota homestead exemption of $510,000 ($1,275,000 agricultural), and (3) the local filing mix and outcome data below. Everything else on this page is elaboration on those three factors.

Quick Side-by-Side

Chapter 7 in Minnesota

Timeline3-4 months
Income testPass if at or below $79,161 (1p)
Filing fee$338
Attorney fees$1,000-$2,500
Homestead protected$510,000 ($1,275,000 agricultural)
Discharge rate (nat'l)~93%
Federal exemptions?Yes
vs

Chapter 13 in Minnesota

Timeline3-5 years
Income testNo ceiling; need regular income
Filing fee$313
Attorney fees$3,000-$5,000+
Mortgage arrearsCurable over plan
Discharge rate (nat'l)~40-50%
Federal exemptions?Yes

Minnesota Means Test Thresholds (April 2026)

Minnesota's single-person median of $79,161 is well above the national average. A larger share of would-be filers here land above the means test threshold on Part 1, which pushes them into Part 2 expense calculations or away from Chapter 7 entirely.

Household SizeMinnesota Median Income
1-person household$79,200
2-person household$102,900
3-person household$120,300
4-person household$140,100
5-person household$152,000
6-person household$163,900

For household sizes above 6, add $11,100 per additional member. Full details at the Minnesota means test calculator. For a general discussion, see our means test overview.

Minnesota Homestead Exemption and the Chapter Choice

Minnesota's homestead exemption protects $510,000 ($1,275,000 agricultural) of primary-residence equity under Minn. Stat. 510.02. If your home equity is below that amount, Chapter 7 can usually wipe out your unsecured debt without putting the home at risk. If your equity exceeds the exemption, Chapter 13 is typically the right tool to keep the home while cramming down or curing mortgage arrears over 3-5 years.

Minnesota lets filers choose between state exemptions and the federal bankruptcy exemption scheme (11 U.S.C. Section 522(d)). Review the full exemption list at bankruptcyexemptionsbystate.com/minnesota before assuming any specific asset is safe.

Homestead amount (Minnesota): $510,000 ($1,275,000 agricultural). Statute: Minn. Stat. 510.02.

Minnesota's Chapter 7 vs Chapter 13 Filing Mix

Minnesota follows the national pattern: 95.9% of its 395 consumer cases are Chapter 7, and 4.1% are Chapter 13. Most filers who qualify for Chapter 7 choose it, and Chapter 13 is reserved for filers who need to save a home from foreclosure or cannot pass the means test.

Why does filing mix matter? Attorney fee structures often favor Chapter 13 (paid through the plan rather than up-front), which can produce local-market bias toward Chapter 13 that is not driven by individual debtor facts. FJC data lets you see whether Minnesota's mix matches the economics of the typical filer's situation.

Minnesota Federal Court Data

Numbers below come from the Federal Judicial Center Integrated Database, covering 395 consumer bankruptcy cases filed in Minnesota's federal bankruptcy courts.

ChapterCases FiledDischarge Rate (resolved)
Chapter 737999.7%
Chapter 1316n/a

National-average completion rates apply: Chapter 7 discharges over 93% of the time, Chapter 13 about 40-50% (the remainder dismissed before plan completion).

Which Chapter Fits Which Minnesota Filer?

  1. If your income is below the Minnesota median ($79,161, 1-person) and you own little non-exempt property: Chapter 7 is almost certainly the right choice. Fast, cheap, and the highest discharge rate in consumer bankruptcy.
  2. If you are behind on your mortgage or car loan and want to keep the collateral: Chapter 13 lets you cure arrears over 36 to 60 months while the automatic stay blocks foreclosure and repossession.
  3. If you have high home equity and Minnesota caps the homestead exemption: run the numbers on Chapter 13 cramdown, lien stripping (for wholly underwater junior liens), and the federal BAPCPA homestead cap before assuming Chapter 7 is safe.
  4. If you have filed before within the lookback windows: use the 1328(f) discharge screener first -- a prior Chapter 7 discharge bars another Chapter 7 for 8 years, and a prior Chapter 13 discharge bars another Chapter 13 for 2 years.

Rule of thumb for Minnesota: if you qualify for Chapter 7 on the means test AND your home equity is within the $510,000 ($1,275,000 agricultural) homestead, Chapter 7 is almost always the right choice. Chapter 13 is the right answer when specific facts (arrears, non-exempt equity, prior Chapter 7 within 8 years) rule Chapter 7 out.

Frequently Asked Questions

Is Chapter 7 or Chapter 13 better in Minnesota?

For most Minnesota filers who pass the means test, Chapter 7 is faster, cheaper, and succeeds more often. Chapter 13 is the right choice if you need to save a home from foreclosure, cure arrears, catch up on priority taxes, or cannot qualify for Chapter 7.

What is the Chapter 7 income limit in Minnesota?

There is no hard dollar limit. The means test compares your 6-month average income (annualized) to the Minnesota median for your household size. One person: $79,161. Four person: $140,100. Above-median filers can still qualify by running Part 2 expense deductions.

Can I use federal bankruptcy exemptions in Minnesota?

Yes. Minnesota is an opt-in state -- filers may choose federal exemptions under 11 U.S.C. Section 522(d) instead of state exemptions. Compare both schedules before filing; federal can offer a larger wildcard while state may offer a larger homestead.

How much home equity is protected in Minnesota bankruptcy?

Minnesota's homestead exemption protects $510,000 ($1,275,000 agricultural) under Minn. Stat. 510.02. Federal BAPCPA limits (11 U.S.C. Section 522(p)) can cap this at approximately $214,000 for a residence acquired within 1,215 days of filing.

How long does bankruptcy take in Minnesota?

Chapter 7 takes 3 to 4 months from filing to discharge in Minnesota federal bankruptcy court. Chapter 13 takes 3 years (below-median) or 5 years (above-median) of monthly plan payments before discharge.

Can I switch from Chapter 13 to Chapter 7 in Minnesota?

Yes. Under 11 U.S.C. Section 1307(a), a Chapter 13 debtor in Minnesota generally has the right to convert to Chapter 7 at any time, as long as the case was not previously converted from Chapter 7. You must still pass the means test at the time of conversion.

Last updated: 2026-04-18. Not legal advice. Statutory homestead and median-income figures are reproduced from public sources and may lag statutory amendments -- verify against current state statute before relying.

Part of the Bankruptcy Transparency Network