Chapter 7 is often faster and more efficient. When it can’t help, Chapter 13 may.
Mack & Associates, LLC helps Kansas families file Chapter 7 and Chapter 13 bankruptcy from offices in Topeka, Leawood, Wichita and Dodge City. We usually start by asking whether Chapter 7 can solve your problem.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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Which chapter may fit you?
Answer a few quick questions. Each answer shows why it may matter.
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Is your paycheck being garnished right now?
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Are you behind on a mortgage for a home you want to keep?
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Are you behind on a car loan for a car you want to keep?
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Do you owe income taxes from the last few years?
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Is most of your debt credit cards, medical bills or personal loans?
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Is your household income above the typical income for a Kansas family your size?
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Have you received a bankruptcy discharge in the last 8 years?
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Did someone co-sign any of your debts?
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Do you expect more medical bills from ongoing treatment?
For your own initial review only. These questions simplify complicated rules and aren’t legal advice or a substitute for a full review of your situation. For advice, contact our office to speak with an attorney.
Filing may stop collection right away.
Filing either chapter generally triggers the automatic stay, a court order that pauses most collection actions. There are exceptions, and timing matters, so call us quickly if a sale or garnishment is scheduled.
- Wage garnishments
- Foreclosure sales
- Car repossessions
- Lawsuits
- Collection calls
Chapter 7 and Chapter 13, side by side
Chapter 7 is often the simpler path. Chapter 13 has tools Chapter 7 doesn’t. Here’s a general look at how they may differ.
| How they differ | Chapter 7 | Chapter 13 |
|---|---|---|
| How long it usually takes | Often a few months | Usually three to five years |
| Payment plan | No plan payments | Monthly payments to a trustee |
| Attorney fees | Generally paid before filing | Can often be paid through the plan |
| Behind on a house or car you want to keep | No built-in way to catch up | May catch up over the plan |
| Property exemptions don’t cover | A trustee may sell it | You may keep it by paying its value through the plan |
| Income | An income test (the means test) applies | Plan payment is based on income and expenses |
| Recent income taxes | Usually not discharged | May be repaid over the plan, often without added interest |
| Co-signers on consumer debts | Not protected by your filing | May be protected while the plan is in place |
| Second mortgage that’s completely underwater | Stays on the home | May be removed when the plan is completed |
| If you had a recent bankruptcy discharge | Generally unavailable within 8 years of a prior Chapter 7 filing | Shorter waiting periods may apply |
For general information only. Every situation is different, and this comparison may not reflect the right choice for you. For advice about your situation, contact our office to speak with an attorney.
How filing with us works
Free consultation
We review your income, debts, property and goals, starting with whether Chapter 7 may work for you.
Choose a chapter and prepare
You complete a required credit counseling course, and we prepare your petition and schedules with you.
File
Filing generally triggers the automatic stay, which pauses most collection actions while your case moves forward.
Meeting and discharge
You attend a meeting with the trustee. A Chapter 7 discharge often follows within a few months; in Chapter 13, after you complete the plan.
If I file Chapter 7, will I lose my home?
Not necessarily. Many people keep their homes in Chapter 7. Kansas law includes a homestead exemption that can protect some or all of the equity in a primary residence, subject to acreage limits and other conditions, and federal law may limit that protection in some situations, such as a recent move to Kansas. To keep the home, you generally must stay current on the mortgage. If you’re behind, Chapter 13 may let you catch up over time.
Can I keep my car?
Often, yes. Kansas exemptions may protect some or all of your equity in a vehicle. In Chapter 7 you generally need to be current on the loan and may need to agree to keep paying it. If you’re behind, Chapter 13 may let you catch up, and for some older loans the balance may be reduced toward the car’s value.
Will bankruptcy hurt my credit?
A filing is reported on your credit report and will usually lower your score at first. A Chapter 7 can stay on a report for up to ten years, and a completed Chapter 13 is commonly removed after seven. Many people considering bankruptcy already have missed payments or collections on their reports, and some see their scores begin to recover after their debts are discharged.
What does it cost?
Both chapters have court filing fees. In Chapter 7, attorney fees are generally paid before filing. In Chapter 13, they can often be paid through the plan. We’ll explain the costs for your situation at your consultation.
What if I start in Chapter 13 and my situation changes?
You can generally ask to convert a Chapter 13 case to Chapter 7 if you qualify at that time. Debts that came up during the Chapter 13 case are generally treated as if they existed when you first filed, so they may be included in the Chapter 7 discharge.
Talk with a bankruptcy attorney
A free consultation may help you see whether Chapter 7, Chapter 13 or another option fits your situation.
Are you worried about any of these?
Pick one to see how bankruptcy may help.