Skip to content

Ginsberg Law Offices

Experienced, Compassionate, Professional

  • Home
  • Our Practice Areas
    • Work Injuries
    • Personal Bankruptcy
    • Social Security Disability
  • Video Library
  • About Us
  • Contact
    • Directions
You are here: Home / Our Practice Areas / Personal Bankruptcy / What is the Difference Between Chapter 7 and Chapter 13? / Chapter 7: When Does it Make Sense for You?

Chapter 7: When Does it Make Sense for You?

Frequently Asked Questions

What Does it Mean to “Reaffirm” a Debt in Chapter 7?
Give Back Secured Property You Can No Longer Afford

Chapter 7 bankruptcy can solve financial problems quickly and efficiently. Lasting only about 5 months from start to finish, Chapter 7 is truly a “fresh start” bankruptcy:

  • wipes out 100% of credit card debt
  • wipes out 100% of medical bills
  • wipes out 100% of signature debt
  • wipes out 100% of deficiency balances (following vehicle surrender or lease cancellation)
  • allows you to surrender property (real estate, vehicles, furniture, jewelry) and walk away from the debt with no penalty
  • cancels lawsuit judgments and wipes out underlying debt
  • cancels unfavorable leases (vehicle or residential)

If you are a good fit, Chapter 7 can literally change your life for the better. However, not everyone qualifies for Chapter 7, nor is Chapter 7 the right solution for every debt problem.

Who Qualifies for Chapter 7

In order to qualify for Chapter 7, we have to show that your income is relatively modest and that you don’t have much or any disposable income left over at the end of the month. The Bankruptcy Code defines “modest income” as around $41,000 annually for a single individual or around $70,000 annually for a family of 4. We can sometimes fit higher income clients into Chapter 7 if the have higher than average household expenses. The calculations we perform to determine whether you qualify for Chapter 7 is called the “means test” analysis.

A big part of what we do as bankruptcy lawyers involves analyzing your budget. We can help you figure out where your money is going and whether you are allocating funds each month to expense categories that will be approved by the bankruptcy judge.

Is Chapter 7 the Right Choice?

Even if you qualify for Chapter 7, it may not be the right choice for you. For example Chapter 7 would not make sense if you are trying to stop a home foreclosure and keep your home, or if you need to catch up payments on an auto loan. In those circumstances Chapter 13 is a better choice.

Similarly if you own valuable property free and clear, Chapter 7 would probably not make sense because filing might result in your losing some of your assets.

Chapter 7 usually can’t do much with student loans, child support, or taxes (although it can discharge old tax debt).

Who is the Ideal Chapter 7 Debtor?

Chapter 7 works best for men and women of modest income who have become overextended on credit cards, or who are facing a lawsuit, or who previously made a bad financial decision and now need a second chance.

  • You can own a home that you want to keep and file Chapter 7
  • you do not have to give up your car when you file Chapter 7
  • no one is going to come to your home to inventory your personal property when you file Chapter 7
  • you will see your credit score bounce back from within about a year after your case is over

How do You Find Out if Chapter 7 Makes Sense for You?

You can and should learn as much as you can about bankruptcy by reading this and other web sites. However, no web site can take the place of a telephone call or in-person meeting with a bankruptcy lawyer. The Bankruptcy Code contains dozens of rules, and it also contains exceptions to almost every rule.

If you see storm clouds gathering and you want to learn more about your bankruptcy and non-bankruptcy options, we have you covered.  Our “2 page mini-questionnaire” is here – fill out this simple form and fax (770-393-0240) or email it to us (atlantabankruptcy (at) gmail.com).  We also invite you to call or email attorney Jonathan Ginsberg or attorney Susan Blum. We’d be happy to walk you through the process.

  • Home
  • Our Practice Areas
    • Work Injuries
    • Personal Bankruptcy
    • Social Security Disability
  • Video Library
  • About Us
  • Contact
    • Directions

Visit our YouTube Channel

Legal & Policies  Privacy

Attorney Reviews

9.6Jonathan C. Ginsberg Jonathan C. GinsbergClients’ ChoiceAward 2018 Jodi Brenner GinsbergReviewsout of 23 reviews Jodi Brenner GinsbergClients’ ChoiceAward 2016

Visit us on Facebook

Ginsberg Law Offices

3 hours ago

Ginsberg Law Offices
#Gwinnett county medical lab goes bankrupt, but #collectionlawyers continue to harass patients. ... See MoreSee Less

Shadowy Gwinnett lab goes bankrupt and debt collectors hound patients

www.ajc.com

A Gwinnett County toxicology lab accused in a kickback scheme to bilk Medicare out of millions of tax dollars is causing headaches for people around the nation as debt collectors try to collect on all...
View on Facebook
· Share

Share on Facebook Share on Twitter Share on Linked In Share by Email

Ginsberg Law Offices

5 hours ago

Ginsberg Law Offices
Personal Bankruptcy Law Atlanta ... See MoreSee Less

Personal Bankruptcy Law Atlanta

ed.gr

15 likes, 2 comments. "What is the Difference Between the Georgia Exemption Law and the Federal Exemption Law"

Video

View on Facebook
· Share

Share on Facebook Share on Twitter Share on Linked In Share by Email

  • Home
  • Our Practice Areas
  • Video Library
  • About Us
  • Contact

Copyright © 2026 · Education Pro on Genesis Framework · WordPress · Log in