South Jersey Laws

Comparisons of the Different Sections:
Chapter 7 vs. Chapter 13

(What an individual would file)

1. In a Chapter 13, the debtor retains control and possession of all nonexempt property, whereas in a Chapter 7, the trustee assumes control and liquidates nonexempt property. (Sections 701, 702, 704)

2. While in both Chapters 7 and 13 the debtor must distribute to creditors an amount equal to all the value of nonexempt property, in a 13, you can do so over a span of three years.

3. Under Chapter 13, a debtor has a right to cure a default on a home mortgage (up to 40 months) and no such comparable right exists under Chapter 7. (Section 1322(b))

4. A discharge of debt under Chapter 13 does not bar a debtor from seeking future relief from the Bankruptcy Court in the event of continuing financial problems. A debtor receiving a discharge in a Chapter 7 or Chapter 11 case may not obtain another dismissal for six years. (Section 727(a)(8), Section 1141)

5. A Chapter 13 debtor can pay tax arrearage over the period of the plan (Section 1322(a)(2)) whereas a Chapter 7 debtor cannot discharge most of its tax arrearage and it can be collected from the debtor immediately after the bankruptcy discharges. (Section 523(a)(1))

6. Chapter 13 allows a discharge of virtually all debts after completing payments under the plan (Section 1328(a)), whereas Chapter 7 identifies ten different classes of debts from which a debtor cannot be discharged. (Section 523(a))

7. A Chapter 13 debtor will, in virtually all cases, be granted a discharge of all debt upon completion, or substantial completion, of the Chapter 13 payment plan (except alimony, child support), whereas a Chapter 7 debtor can be barred from a discharge in bankruptcy on ten different grounds. (Sections 727(a), 1328)

8. The automatic stay provisions of the bankruptcy Code protect a co-debtor of a Chapter 13 debtor, whereas there is no such similar protection to a co-debtor of a Chapter 7 liquidation debtor. (Section 1301)

9. The judge may, on his/her own volition, dismiss a Chapter 7 case if the judge feels there has been substantial abuse or lack of good faith in filing for a Chapter 7 discharge of debt. There is no parallel authority on Chapter 13 cases. (Section 707(b))

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