Jul 22, 2025
Chapter 7 vs Chapter 13 vs Chapter 11: What You Need to Know
If you're considering bankruptcy, chances are you're feeling overwhelmed by financial pressure and the complexities of legal jargon. One of the most common questions people ask is: What is the difference between Chapter 7, 13, and 11 bankruptcy? This guide breaks down the information in plain English, allowing you to understand your options and make informed decisions.
Quick Comparison Table
Feature | Chapter 7 | Chapter 13 | Chapter 11 |
---|---|---|---|
Type | Liquidation | Reorganization (individual) | Reorganization (business or high-debt individuals) |
Eligibility | Income must be below the state median | Regular income required, with debt limits | No income or debt limits |
Who Files | Individuals, some businesses | Individuals | Businesses, high-debt individuals |
Time to Discharge | 3-6 months | 3-5 years | Several years |
Assets at Risk | Non-exempt assets sold | Keep assets, repay over time | Typically, retain control of assets |
Impact on Credit | Stays for 10 years | Stays for 7 years | Stays for 10 years |
Cost | Lower upfront cost | Lower monthly payments | High legal and administrative costs |
Court Involvement | Minimal | Ongoing supervision | Intensive and complex |
What Makes a Bankruptcy Chapter Right for You?
Choosing between Chapter 7, 11, and 13 depends on several factors:
Income level
Type and amount of debt
Asset ownership
Goals (e.g., wipe out debt fast vs. keep property)
Whether you're an individual or a business
Let’s break down each type in more detail.
Chapter 7 Bankruptcy: A Fresh Start Through Liquidation
Best for: Individuals with low income and few assets who want a quick discharge.
Chapter 7 is often referred to as a "straight bankruptcy." It allows you to wipe out most unsecured debts (like credit cards and medical bills) in a matter of months. However, any non-exempt assets can be sold to pay creditors.
Key Details:
You must pass a "means test" based on your income.
It doesn't discharge student loans, child support, or recent taxes.
Most people keep essential assets (home, car) due to exemptions.
Pros:
Fast relief (3-6 months)
Lower cost
No repayment plan
Cons:
May lose non-exempt assets
Not available to high earners
Chapter 13 Bankruptcy: Keep Your Assets and Repay Over Time
Best for: Individuals with regular income who want to keep their property.
Chapter 13 is a reorganization plan for individuals. Instead of liquidating, you make monthly payments to creditors over 3 to 5 years based on your income and debts. It helps stop foreclosure and catch up on missed payments.
Key Details:
You must have regular income and stay within debt limits.
Protects co-signers and stops wage garnishment.
After successful completion, remaining unsecured debts may be discharged.
Pros:
Keep all assets
Catch up on mortgage or car payments.
Shorter credit impact (7 years)
Cons:
Requires long-term payment commitment
Missed payments can derail the plan.
Chapter 11 Bankruptcy: Reorganization for Businesses and High-Debt Individuals
Best suited for: Businesses or individuals with substantial debt or complex financial situations.
Chapter 11 is primarily used by corporations and LLCs to restructure debts while continuing operations. It can also apply to individuals who exceed Chapter 13 limits or need more flexibility.
Key Details:
Debtor remains in control as "debtor-in-possession."
Creditors and the court must approve the repayment plan.
Can renegotiate leases, contracts, and obligations.
Pros:
Stay in business or keep complex assets.
Greater flexibility in restructuring
Cons:
High legal and administrative costs
Lengthy and complex process
Common Scenarios and Which Chapter Fits Best
Low-income individual with credit card debt? Chapter 7
Homeowner behind on mortgage payments? Chapter 13
Small businesses wanting to stay open? Chapter 11
High-income earner with extensive debts? Chapter 11
Understanding the bankruptcy 7 vs 11 vs 13 distinctions is key to choosing the right path.
How GoatAnswer.com's AI Bankruptcy Advisor Can Help
Navigating bankruptcy laws isn’t easy. That’s why GoatAnswer.com built an AI-powered tool to help you figure out your best option quickly and privately.
By answering a few simple questions about your income, debts, and goals, you’ll get a tailored recommendation that helps clarify whether Chapter 7, 13, or 11 might apply to your situation. It doesn’t replace legal advice, but it’s a smart first step toward taking control.
Start now with the free AI Bankruptcy Advisor and make your next move with confidence.