Tools/Chapter 7 vs Chapter 13 Decision Tool

Chapter 7 vs Chapter 13 Decision Tool

Answer a few questions to see whether Chapter 7 or Chapter 13 bankruptcy may better fit your situation. This is an educational tool, not legal advice — an attorney can confirm which chapter is right for you.

Updated Jun 23, 2026

Preset · Eligibility · Chapter 7 Bankruptcy: What to Know Before You File0 of 5 answered

Do you want to keep a home you've fallen behind on?

Chapter 13 can let you cure past-due mortgage payments over a 3-to-5-year plan; Chapter 7 cannot cure arrears, it can only discharge debt (uscourts.gov).

Are you behind on mortgage or car payments?

Being behind on secured payments you want to keep often points toward Chapter 13, which can catch up arrears through a repayment plan (uscourts.gov).

Is your income below or above your state's median for your household size?

The Chapter 7 means test compares your annualized 6-month income to the U.S. Trustee median family income for your household size. Above-median filers may face a presumption of abuse and be directed to Chapter 13 (justice.gov/ust/means-testing).

Do you have significant assets beyond your state's exemptions?

In Chapter 7 a trustee may sell non-exempt property; Chapter 13 can let you keep non-exempt assets by paying their value into a plan (uscourts.gov).

Do you have priority debts like back taxes or child/spousal support to catch up on?

Priority debts such as recent taxes and domestic support obligations are generally not discharged in Chapter 7; Chapter 13 lets you pay them over the plan period (uscourts.gov).

Your result

Answer the questions to see your result.

It updates as you go.

See if you qualifyGeneral information. A lawyer confirms your options.

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How this tool works

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This tool applies a simple decision tree based on the U.S. Courts' Chapter 7 and Chapter 13 bankruptcy basics. Chapter 13 generally fits filers who want to keep a home with mortgage arrears, who are above their state's median income under the means test, who hold non-exempt assets they want to protect, or who must catch up priority debts such as taxes or domestic support; Chapter 7 generally fits below-median filers who do not need to cure arrears or protect non-exempt property. Rules are evaluated in order and the first match decides the suggested chapter. This is educational information, not legal advice. People's Justice is not a law firm and does not provide legal advice; we connect you with licensed attorneys, and we are not a government agency. An attorney can confirm which chapter is right for you.

Chapter 7 vs Chapter 13 Decision Tool

How this tool works

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Sources