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Most individuals file either a Chapter 7 or a Chapter 13. Some indicators for Chapter 7 or 13 and a few pro's and cons are:
Type Indicators Pros Cons
Chapter 7
Heavy credit card; signature loans; medical debt. Monthly income is less than monthly living expenses. Many debts can be forgiven outright without any repayment requirements. Only takes at few months. Limit on how much property you can keep -- may have to give some assets to your creditors
Chapter 13
Foreclosure of home; IRS levy; significant assets you don't want to lose in a Chapter 7. Monthly income usually more than monthly living expenses. Keep your property, save home from foreclosure, and control IRS with reduced monthly payment plan -- usually for 3 - 5 years. Limit on how extravagantly you can live; must tighten belt. Excess income each month must be paid to creditors.
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