Which chapter is better for stopping a foreclosure?

Chapter 13 is generally the one used to keep a house, because its repayment plan lets a homeowner catch up on missed mortgage payments over time. Chapter 7 can pause a foreclosure temporarily but doesn't include a mechanism to cure arrears.

Do I qualify for Chapter 7 or do I have to file Chapter 13?

It depends on the means test, which compares your income to the Florida median for your household size. Income above that threshold often pushes a filer toward Chapter 13 instead.

Can I switch from Chapter 13 to Chapter 7 partway through?

In many cases a Chapter 13 plan can be converted to Chapter 7 if circumstances change, though the impact on any property being protected in the plan needs to be reviewed with an attorney first.

Chapter 7 vs Chapter 13 bankruptcy: which one fits your situation

Chapter 7 and Chapter 13 solve different problems, and the choice between them usually comes down to income, assets, and whether the goal is to discharge debt quickly or to keep a house while catching up on missed payments over time.

Chapter 7 is a liquidation case: nonexempt assets can be sold to pay creditors, and most unsecured debt is discharged within a few months. It requires passing a means test based on income relative to the Florida median, and it does not, by itself, let a homeowner catch up on mortgage arrears and keep the property if they're behind.

Chapter 13 sets up a three-to-five-year repayment plan, which is why it's the chapter most often used alongside foreclosure defense: it lets a homeowner cure missed mortgage payments over the plan period while the automatic stay keeps the lender from foreclosing. It requires steady income to fund the plan and involves ongoing court supervision that Chapter 7 doesn't.

A bankruptcy attorney will typically run the numbers on both income and equity before recommending a chapter, since filing the wrong one can mean losing property that a different chapter would have protected.

What it costs

Filing fees are set by the federal court and differ between chapters, with Chapter 13 generally carrying a higher fee than Chapter 7. Attorney fees on top of that vary with case complexity: a straightforward Chapter 7 with no contested assets tends to cost less than a Chapter 13, which involves drafting and defending a multi-year repayment plan and often more court appearances over the life of the case.

Top 3 by our score

Ranked from our published scoring of public Google reviews for bankruptcy law (chapter 7 & 13).

1. The Dellutri Law Group, PA
5.0★ · 143 reviews

92
2. Del Pino & Granados Law Firm - Abogados de Bancarrota
4.9★ · 121 reviews

90
3. The Dellutri Law Group, PA
4.9★ · 864 reviews

90

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FAQ

Which chapter is better for stopping a foreclosure?: Chapter 13 is generally the one used to keep a house, because its repayment plan lets a homeowner catch up on missed mortgage payments over time. Chapter 7 can pause a foreclosure temporarily but doesn't include a mechanism to cure arrears.
Do I qualify for Chapter 7 or do I have to file Chapter 13?: It depends on the means test, which compares your income to the Florida median for your household size. Income above that threshold often pushes a filer toward Chapter 13 instead.
Can I switch from Chapter 13 to Chapter 7 partway through?: In many cases a Chapter 13 plan can be converted to Chapter 7 if circumstances change, though the impact on any property being protected in the plan needs to be reviewed with an attorney first.

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