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Chapter 7 vs. Chapter 13 Bankruptcy 

Navigating Chapter 7 vs. Chapter 13 Bankruptcy in California 

If you are determining which type of bankruptcy you should choose, it is always in your best interest to consult with a qualified Carlsbad bankruptcy attorney before you do anything.

By working together with a lawyer who is knowledgeable regarding all of California’s bankruptcy laws, you can feel confident in moving forward with the best possible debt relief plan. Let Attorney Carson of the Carson Law Group help you choose Chapter 7 or Chapter 13 as you seek to wipe out your financial burden.

Call the Carson Law Group for a free bankruptcy consultation today!

Understanding Chapter 7 Bankruptcy: Advantages & Disadvantages 

Chapter 7 has several advantages and disadvantages. See the lists below to learn more about each of them.

Advantages:

  • No minimum debt requirement
  • Completely wipes out all debts, except secured assets
  • Bankruptcy is over in 3-6 months
  • Immediate creditor harassment & wage garnishment protection
  • Any money earned after filing (besides inheritance) is yours

Disadvantages:

  • The non-exempt property will be lost
  • Secured assets that are not covered under CA bankruptcy exemptions will be lost
  • Automatic stay created by Chapter 7 is only temporary when it comes to foreclosure
  • Chapter 7 bankruptcy can only be filed again if it has been 8 years since the first filing

Exploring Chapter 13 Bankruptcy: Pros and Cons

Chapter 13 also has several advantages and disadvantages. See below to learn more about Chapter 13.

Advantages:

  • All property, both exempt & non-exempt, can be kept if you can afford the payment plan
  • Debts can be significantly reduced
  • Immediate protection from wage garnishment & creditors
  • There are more debts that can be discharged under this plan
  • Chapter 13 can be filed at any time
  • You are given more time to pay back non-dischargeable debts

Disadvantages:

  • Your post-bankruptcy income will have to be used to repay your debts
  • This process can take up to 3-5 years to complete
  • Legal fees may be more costly

Begin Your Debt-Free Journey Today 

Attorney Janet L. Carson can walk you through your options and guide you towards the path that serves you or your family with a positive outcome. We will work personally with you from the moment you retain our firm and provide the supportive legal counsel you deserve. Let us help you get your life back and be free from overwhelming debt.

Get a fresh financial start and by calling our Carlsbad law office today!

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