Legal Question in Bankruptcy in Texas

Chapter 7 or 13?

I am current in my house and car payments, but I am several months behind in my credit card bills. Which would be the better option for this situation. My unsecured debt is roughtly $36,000.


Asked on 9/15/03, 3:00 pm

3 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Chapter 7 or 13?

Chapter 7 eliminates your debts and Chapter 13 is a re-payment plan. Without looking at your financial picture it is impossible to tell. I recommend contacting an attorney who will provide a free initial consultation to evaluate your situation. Best of luck.

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Answered on 9/15/03, 3:29 pm
Lawrence Maun Lawrence J. Maun, P.C.

Re: Chapter 7 or 13?

I agree with the initial response. It depends on your montly income versus your monthly expenses. If you have money left over at the end of the month you may have to file a Chpater 13 rather than a chap 7. Keep current on your car and house payments. You can keep those assets whether you file a 7 or 13, as long as you are willing and able to pay for them. Call if you wish to discuss. 713.266.2560

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Answered on 9/15/03, 4:28 pm
Andrew Nichols Law Office of Andrew B. Nichols

Re: Chapter 7 or 13?

In my experience the only issue as to whether to file under 7 or 13 deals with whether you are current on your mortgage payments or several months behind. If you are current (or one/two months behind) I would highly recommend you file under Ch. 7 and get complete relief. The process is much simpler -- basically 3 to 4 months instead of 3 to 4 years. READ MY FIRM'S PHILOSOPHY. Everyone deserves a chance to begin again. Please feel free to call me to discuss your situation in more detail. (972) 231-5500 or (800) 303-0720

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Answered on 9/15/03, 6:07 pm


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