Serving the Mobile, Alabama Area

William J. Casey
Attorney at Law, P.C.

 3208 Cottage Hill Road, Mobile, AL 36606

Chapter 7 vs. 13

Every situation is different. We need to discuss your case and handle them in the best way which is designed for your case. There are eight major situations that a chapter 13 may be better than a chapter 7. If you fall into one of these situations you should consider filing a chapter 13.

1. You only file chapter 7 once every eight years. If you filed a chapter 7 in the last eight years then you are limited to filing a chapter 13.
2. If you have more than $5000.00 in equity in your homestead/$10000.00 if married you exceed the exemptions you are allowed and may be forced to file a chapter 13.
3. If you have more than $3000.00/$6000.00 if married in equity in personal property you may be forced to file a chapter 13.
4. If you have certain tax debts you may be better off to file a chapter 13.
5. A chapter 13 can stop foreclosure of your home.
6. A chapter 13 can stop the repossession of your auto.
7. A chapter 13 can get you out of jail if you are behind on your child support.
8. Cram Down if you purchased your auto over 910 days ago you may be able to reduce what you owe on your auto and only repay the auto’s fair market value.

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