How to Choose Between Chapter 7 and Chapter 13 Bankruptcy

Bankruptcy can feel overwhelming, but understanding your options makes the process manageable. The difference between Chapter 7 and Chapter 13 comes down to how you handle your debts and what happens to your assets.

We at Bountiful Law help residents in Snohomish County and King County navigate these two paths and find the right fit for their financial situation.

What Happens in Chapter 7 Bankruptcy

Chapter 7 bankruptcy is a liquidation process that wipes out most of your unsecured debts within 3 to 5 months. When you file, a trustee takes control of your nonexempt assets and sells them to pay creditors. The good news is that most people filing Chapter 7 have little or no nonexempt property, so creditors often receive nothing. Your wages earned after filing and any property you acquire after the filing date belong to you, not to creditors. The automatic stay kicks in immediately, stopping wage garnishments, foreclosures, and creditor lawsuits right away. This is the fastest path to a fresh start for residents in Snohomish County and King County who want to eliminate credit card debt, medical bills, and personal loans.

Passing the Means Test

Chapter 7 eligibility hinges on the means test, which compares your income against Washington median thresholds. For a household of one, the median income is $52,996 annually; for two people, it’s $63,409; for three, $72,286; and for four, $84,970. If your average monthly income over the last six months falls below your household size’s median, you pass automatically. If you’re above the median, the test calculates your disposable income over 60 months. You pass Chapter 7 if that disposable income is less than $7,475. If it falls between $7,475 and $12,475, further calculations determine eligibility. If it exceeds $12,475, you cannot file Chapter 7 and must consider Chapter 13 instead.

Compact list summarizing Chapter 7 means test thresholds and outcomes in Washington State. - difference between chapter 7 and 13

Disabled veterans who incurred debt primarily during active duty and self-employed individuals whose debts are not primarily consumer debts can bypass the means test entirely. If your income has declined in the last six months, delaying your filing by one or two months can lower your average income and improve your chances of passing the test.

Assets and Exemptions

Washington law protects certain assets from liquidation in Chapter 7. You can keep up to $35,000 of home equity as a single filer or $52,500 if filing jointly, plus a $10,000 wildcard exemption for personal property (furniture, electronics, and similar items). Federal exemptions also protect retirement accounts up to $1,711,975 per person and Social Security, disability, unemployment, and veterans benefits. You can keep your car in Chapter 7 if its value fits within exemptions or the wildcard allowance. The filing fee is $338, and attorney fees typically run $1,500 to $2,500, though some attorneys offer payment plans. Chapter 7 stays on your credit report for 10 years from filing, but with responsible credit rebuilding, your score can rebound in 2 to 3 years.

Timeline and Credit Impact

The discharge occurs within 3 to 5 months, meaning most debts are permanently eliminated and creditors cannot pursue collection afterward. Your credit score typically drops 130 to 200 points initially, but Chapter 7 filers often see faster recovery than Chapter 13 filers. Within 2 to 3 years of filing, you can rebuild your credit to a respectable range if you pay bills on time and keep credit card balances low. Understanding these timelines and protections helps you weigh Chapter 7 against Chapter 13, which offers a different approach to debt relief and asset protection for residents in Snohomish County and King County.

How Chapter 13 Restructures Your Debt

Chapter 13 bankruptcy takes a fundamentally different approach than Chapter 7. Instead of liquidating assets, you keep everything you own and restructure your debts into a court-approved repayment plan lasting 3 to 5 years. This makes Chapter 13 the right choice if you’re behind on mortgage payments, want to keep your home or car, or have income but need time to catch up. The automatic stay kicks in immediately when you file, stopping foreclosures, wage garnishments, and creditor lawsuits just like in Chapter 7.

Catching Up on Missed Payments

Unlike Chapter 7, Chapter 13 allows you to catch up missed mortgage payments gradually through your plan rather than facing immediate foreclosure. This protection proves invaluable for residents in Snohomish County and King County who want to save their homes. You continue making regular mortgage and car loan payments under their original terms while the plan addresses arrears separately. The court structures your repayment timeline to fit your actual financial situation, not a one-size-fits-all formula.

Income and Debt Limits

There’s no income ceiling for Chapter 13, making it accessible to higher earners who don’t qualify for Chapter 7. As of 2025, you can have up to $419,275 in unsecured debt and $1,257,850 in secured debt. The filing fee is $313, with attorney fees typically ranging from $2,500 to $6,000, though many attorneys allow you to pay fees through your repayment plan itself. Chapter 13 stays on your credit report for 7 years after you complete your plan, one year shorter than Chapter 7’s 10-year reporting period.

How Your Plan Gets Built

Your repayment plan is built on what you can actually afford to pay each month. The court calculates your disposable income using the same means test framework as Chapter 7, determining what you can contribute toward unsecured debts like credit cards and medical bills. Secured debts like mortgages and car loans continue under their original terms, but you catch up arrears through the plan. Chapter 13 offers two powerful tools Chapter 7 cannot: you can strip unsecured junior liens from real property if requirements are met, and you can perform a cramdown on vehicle loans, reducing the debt to your car’s actual market value if you owe more than it’s worth.

Hub-and-spoke diagram showing key Chapter 13 protections and tools for Washington filers. - difference between chapter 7 and 13

Completion Rates and Co-Signer Protection

About 40 percent of Chapter 13 filers complete their plans according to the American Bankruptcy Institute, meaning they successfully emerge debt-free or with significantly reduced obligations. If your plan pays in full, any co-signers on your debts become immune from creditor collection efforts, protecting family members who guaranteed your loans.

Percentage chart showing the share of Chapter 13 filers who complete their plans.

Your credit score typically drops 130 to 200 points initially, similar to Chapter 7, but Chapter 13 filers often see slower recovery since creditors know you’re repaying debts over years rather than having them discharged. Residents in Snohomish County and King County facing foreclosure or needing to preserve property should seriously consider Chapter 13 as the superior option for their circumstances. Understanding how Chapter 13 restructures your obligations sets the stage for comparing it directly against Chapter 7 and determining which path aligns with your financial goals.

Key Differences Between Chapter 7 and Chapter 13

Timeline: Speed Versus Asset Protection

Chapter 7 and Chapter 13 operate on completely different timelines, and this distinction shapes everything about your financial recovery. Chapter 7 discharges most debts within 3 to 5 months, making it the fastest exit from debt if you have minimal assets to protect. Chapter 13 requires 3 to 5 years of monthly payments, but you keep your home, car, and other property throughout the process. For residents in Snohomish County and King County facing foreclosure, Chapter 7’s speed becomes a liability rather than an advantage because the automatic stay only delays foreclosure temporarily. Chapter 13 actually stops foreclosure by allowing you to catch up missed mortgage payments through your repayment plan, transforming a potential loss into property retention.

Asset Liquidation and Property Retention

Asset liquidation separates these chapters more starkly than timeline alone. Chapter 7 sells your nonexempt assets to pay creditors, though most filers retain everything because exemptions and wildcard allowances cover their possessions. Chapter 13 requires no asset sales whatsoever-you keep all property while restructuring debt repayment. This matters significantly for residents in Snohomish County and King County who own vehicles, valuable tools, collectibles, or real estate beyond home equity exemptions. Chapter 13’s cramdown feature allows you to reduce a vehicle loan to your car’s actual market value if you owe more than it’s worth, a tool Chapter 7 cannot provide. Similarly, Chapter 13 can strip unsecured junior liens from property, potentially saving you thousands in debt that Chapter 7 leaves intact.

Credit Recovery and Long-Term Impact

Your credit recovery follows different trajectories in each chapter. Chapter 7 remains on your credit report for 10 years, while Chapter 13 stays for 7 years after plan completion. Credit score drops initially run 130 to 200 points in both cases, but Chapter 7 filers typically rebuild faster because creditors view a complete discharge more favorably than years of repayment. Within 2 to 3 years of Chapter 7 discharge, disciplined filers reach respectable credit scores; Chapter 13 filers often need 4 to 5 years despite completing their obligations. If you have co-signers on debts, Chapter 13 protects them once your plan pays in full, while Chapter 7 leaves co-signers fully liable for remaining balances. This protection becomes invaluable when family members guaranteed your debts and face collection calls after your discharge.

Final Thoughts

Your financial situation determines which path makes sense. If you have minimal assets, earn below Washington’s median income threshold, and want the fastest exit from debt, Chapter 7 offers a clean slate within months. If you’re behind on mortgage payments, own property you want to keep, or earn above the median income, Chapter 13 restructures your obligations while protecting your home and car. The difference between Chapter 7 and Chapter 13 ultimately comes down to whether you prioritize speed or asset retention.

Residents in Snohomish County and King County should evaluate their specific circumstances before deciding. Ask yourself whether you want to keep your home or car, whether you face foreclosure, whether you have nonexempt assets beyond exemption limits, and whether you can afford a monthly repayment plan for 3 to 5 years. Your answers point toward one chapter or the other, and gathering your financial documents (six months of pay stubs, recent tax returns, a list of all debts with creditor names and balances, and an inventory of your assets) helps determine means test eligibility.

We at Bountiful Law guide residents through this decision-making process and handle the entire filing process. Contact Bountiful Law to discuss your situation with someone who understands Washington bankruptcy law and can explain how Chapter 7 or Chapter 13 applies to your specific circumstances.