Discharge Scope
Chapter 7 (Section 727): Discharges most unsecured debts. Exceptions in 523(a) apply. No repayment required.
Chapter 13 (Section 1328(a)): Discharges debts after 3-5 year repayment plan. Similar exceptions post-BAPCPA. Limited superdischarge remains.
Timing Bars
Chapter 7 after Chapter 7: 8 years (727(a)(8)).
Chapter 7 after Chapter 13: 6 years (727(a)(9)), with 70% exception.
Chapter 13 after Chapter 7: 4 years (1328(f)(1)).
Chapter 13 after Chapter 13: 2 years (1328(f)(2)).
When Chapter 13 Is Better
Saving your home from foreclosure (mortgage cure under 1322(b)(5)).
Cramming down vehicle loans (Section 506(a)).
Protecting cosigners (Section 1301 codebtor stay).
Repaying priority debts (taxes, support) over time.
When you do not pass the means test for Chapter 7.
When Chapter 7 Is Better
You qualify under the means test.
You do not own a home or are willing to surrender it.
You want a faster resolution (4-6 months vs 3-5 years).
You do not have cosigners to protect.
Your debts are primarily unsecured (credit cards, medical bills).
Check your eligibility
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