FACTORS TO CONSIDER WHEN SELECTING BETWEEN CHAPTER 7 & CHAPTER 13

law scale 160 x 160What factors should be considered when selecting between filing Chapter 7 and Chapter 13 bankruptcy?

The factors include:

A. Whether the debtor is eligible under each chapter

B. Whether the debtor could discharge debt under ChapterĀ  13 that may not be discharged under Chapter 7

C. Whether the debtor has sufficient disposable income to fund a Chapter 13 Plan

D. Whether the debtor desires to keep non-exempt property that would be forfeited to a trustee in a Chapter 7 bankruptcy

E. Whether the debtor owes debt that is entitled to priority and could be paid over the term of the plan (ie. taxes, child support and alimony)

F. Whether the court would require a debtor to file Chapter 13 anyway based upon the means test

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