Washington · WA

Chapter 7 vs Chapter 13 in Washington

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

The Washington Answer in One Paragraph

Washington 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 Washington-specific inputs drive the choice: (1) the Washington means test median of $85,446 for a 1-person household, (2) the Washington homestead exemption of County median sale price, 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 Washington

Timeline3-4 months
Income testPass if at or below $85,446 (1p)
Filing fee$338
Attorney fees$1,000-$2,500
Homestead protectedCounty median sale price
Discharge rate (nat'l)~93%
Federal exemptions?Yes
vs

Chapter 13 in Washington

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

Washington Means Test Thresholds (April 2026)

Washington's single-person median of $85,446 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 SizeWashington Median Income
1-person household$85,400
2-person household$111,100
3-person household$129,900
4-person household$151,200
5-person household$164,100
6-person household$176,900

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

Washington Homestead Exemption and the Chapter Choice

Washington's homestead exemption protects County median sale price of primary-residence equity under RCW 6.13.030. 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.

Washington 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/washington before assuming any specific asset is safe.

Homestead amount (Washington): County median sale price. Statute: RCW 6.13.030.

Washington's Chapter 7 vs Chapter 13 Filing Mix

The Federal Judicial Center does not report enough consumer cases from Washington to characterize local Chapter 7 vs Chapter 13 filing patterns. National averages (about two-thirds Chapter 7, one-third Chapter 13) are the best available proxy.

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 Washington's mix matches the economics of the typical filer's situation.

Which Chapter Fits Which Washington Filer?

  1. If your income is below the Washington median ($85,446, 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 Washington 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 Washington: if you qualify for Chapter 7 on the means test AND your home equity is within the County median sale price 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 Washington?

For most Washington 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 Washington?

There is no hard dollar limit. The means test compares your 6-month average income (annualized) to the Washington median for your household size. One person: $85,446. Four person: $151,200. Above-median filers can still qualify by running Part 2 expense deductions.

Can I use federal bankruptcy exemptions in Washington?

Yes. Washington 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 Washington bankruptcy?

Washington's homestead exemption protects County median sale price under RCW 6.13.030. 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 Washington?

Chapter 7 takes 3 to 4 months from filing to discharge in Washington 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 Washington?

Yes. Under 11 U.S.C. Section 1307(a), a Chapter 13 debtor in Washington 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.

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