Serving the Mobile, Alabama Area
William J. Casey, II Attorney at Law, P.C.
3208 Cottage Hill Road, Mobile, AL 36606
Should I file a Chapter 7 Bankruptcy or a 13
Bankruptcy?
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 $15,000.00 in equity in
your homestead/$30,000.00 if married you
exceed the exemptions you are allowed and may
be forced to file a chapter 13.
3.
If you have more than $7,500.00/$15,000.00 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.
9.
Ongoing medical treatment or illness can be
added while in a chapter 13.
10.
Title loans - people with very high interest rates
can cram down the interest rates to about 5%.