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Why would a debtor choose to file chapter 13 over chapter 7?

  • The debtor owns nonexempt property that would be liquidated in chapter 7.
  • The debtor is behind on car or house payments and needs to cure arrears over time.
  • Under certain circumstances a debtor may be able to modify a secured debt such as a vehicle or mobile home.
  • The debtor is not eligible to file a chapter 7 or to obtain a chapter 7 discharge.
  • The debtor owes debts that can be discharged in chapter 13 but not chapter 7.
  • The debtor seeks to protect a co-debtor from legal action.
  • The debtor may have the need for bankruptcy relief for future bills and wants to hold open the possibility for conversion or refiling [e.g. anticipated medical bills].

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