Cost Comparison of Chapter 7 Bankruptcy and Chapter 13 Bankruptcy
Assumptions:
- Total Unsecured Debt of $50,000
- Individual Chapter 13 Case will pay 100% of Unsecured Debt
- Chapter 13 Plan will last 36 Months
- No Equity in House or Cars which cannot be exempted
- House Payment and Car Payments to be paid by Debtor Monthly (no arrearage owed)
Attorney fees shown below are the average fees charged but could be higher in complex cases.
| CONSIDERATIONS | Chapter 13 | Chapter 7 |
|---|---|---|
| Bankruptcy Court Filing Fee | $310.00 | $335.00 |
| Cost for Required Credit Counseling | $34.00 | $34.00 |
| Cost for Required Debtor Education | $15.00 | $15.00 |
| Cost of Required Credit Report ($56 for Married Couple, $36 for individual) | $36.00 | $36.00 |
| Discharge Received | 36 Months | 120 Days |
| Years Bankruptcy Will be Reported on Credit Report | 7 Years | 7 to 10 Years |
| Monthly Payment to Trustee (payment to be made for 36 months) | $1,653.10 | $0.00 |
| Attorney Fee | $3,750.00 | $1,300.00 |
| TOTAL COSTS | $57,205.44 | $1,720.00 |
Other interesting facts: During the course of a Chapter 13 case, a Debtor cannot incur new debt without Court approval. A Chapter 13 Debtor must commit all of his disposable income to the repayment of his debt during the course of the Chapter 13 case. In a Chapter 7 case, the Court does not supervise a Debtor’s post filing activities. In addition, all monies earned by a Debtor after the case is filed belong to Debtor free of the dischargeable claims of creditors. Generally speaking, most mortgage lenders will consider a Debtor for a mortgage 24 months after the entry of their Chapter 7 discharge.
Your Birmingham and Tuscaloosa bankruptcy lawyers can explain all of your options to you. You will not be pressured to hire me, or file a bankruptcy case. Your Birmingham and Tuscaloosa bankruptcy lawyers will explain your options to you for free.
How to Get Help and Get Out of Debt
If you are tired of living with debt you cannot pay, call Melinda today. If you are ready to take control of your debt and stop living in fear, Melinda can help you. Call Melinda at 205-349-5911 (Tuscaloosa) or 205-255-3635 or 205-453-1012 (Birmingham).