So I had a potential client email me this question last night. Below I will show my response (with her name/email blocked out of course)
FILING BANKRUPTCYThis is XXXXXXXX. I haven’t had a moment to call you back as discussed the beginning of the week.My first question is what is the criteria for deciding which to file, Chapter 13 or 7?Thanks,
XXXXXXXXXTough question.Normally, you want to be in a chapter 7 unless:1. you already had a chapter 7 in the past 8 years,2. you make too much money to qualify for a chapter 7, or3. your are losing your home to foreclosure and you want to catch up on payments in a chapter 13.Otherwise, a chapter 7 is normally better.