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Ch 7 vs Ch 13 Dilemma

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Anonymous
Not applicable

Ch 7 vs Ch 13 Dilemma

A little background. Divorced a little more than a year with one dependent child and thought I had a good plan to pay down my debt. The problem was that I was bringing in just enough to cover my credit card payments and some of my living expenses. I had to continue to put things like groceries and gas on my credit cards just to make it from pay check to pay check. That, of course, made it pretty much impossible to pay down the debt. I own my car outright, I live in a modest home (buying), and I do not live beyond my means. I did not want to file, but a friend finally convinced me that I really needed to. Up until this point, the only hit on my credit score was high credit utilization - easily at or above 90%. I had no late payments and I was not naive enough to be applying for any additional credit given my financial situation. I knew that I was not going to be able to keep it up much longer, and definitely could not once the child support payments stop. To further complicate things, I am a fed employee that was furloughed and went more than a month without pay. I am also currently working a second part-time job, bringing in about an additional $500 a month. Every little bit helps. At the advice of my attorney, I stopped paying on my credit cards in December - why keep paying when we are filing "soon" right? Well, then the shutdown happened and I had to delay paying the remainder of the fees to the attorney until after I got all of my back pay. They wouldn't file until they got their full payment. Well, flash forward and I am now 90 days late on everything except for the mortgage and am getting endless phone calls - which I hate. And I know that I could have come out of this with minimal damage due to my previously good payment history, paving the way to a quicker recovery. I am also absolutely sick about burning NFCU. I love NFCU and have been banking with them for more than 20 years. This, in itself, was nearly enough for me to try and continue to stick it out. Unfortunately, I owe them way too much (NFCU Rewards with a very generous limit - maxed out) to even think about trying to pay them before filing - which I know would be frowned upon anyway. Oh, and did I mention the PLUS loans I will have to start paying on next year? My daughter is in her final year of school, so that cloud is hanging over my head as well. I expect that the ex will share this expense as he has been good about things like this, but the loans are in my name only and it wasn't in the divorce agreement.

 

Here's my dilemma. I've been working with the attorney for a few months now. Initially was told that I should qualify for Ch 7 due to my income. After further review, it turns out that I make too much money for Ch 7, but only because I am working the second job. The child support I receive (which will end when my son graduates from high school in June) also helps push me over that threshold. My options now are as follows:

 

1.) Proceed with Ch 13. Waiting to hear back on what the payments would look like and how long I would have to pay. I think that with my income and the amount of debt that it will be manageable, though not ideal. Not thrilled with many aspects of this option, but am considering it just to get things moving. The stress is killing me.

 

2.) Quit the part time job, which I had not intended to do. Also waiting to hear if there will be some kind of waiting period after quittting the job because I don't want to delay any longer than I already have. It's only $500 a month, but I had planned to stay there at least another year to help me get ahead after the bankruptcy.

 

3.) Wait until I am no longer receiving child support in June/July. Not really considering this option as that is way too long to wait, but thought I should throw it into the mix anyway. 

 

I have already waited much longer than I had intended and really don't want to wait any longer than necessary. 

 

Anyway, looking for words of wisdom.

Message 1 of 8
7 REPLIES 7
FireMedic1
Community Leader
Mega Contributor

Re: Ch 7 vs Ch 13 Dilemma

Sorry about your situation. Since BK is in the works already. I'd get the lawyer paid and file which ever Chap it is so the lates quit piling up ASAP. They are there for the full 7 yrs. Lates aren't DC'ed. You dont want 120 day lates. 1 120 day late is almost as bad as a BK alone. I had to quit my part time job and no OT on my full time job for 3 months to meet the means test for a no assest 7 filing.



BK Free Aug25
Message 2 of 8
Shooting-For-800
Senior Contributor

Re: Ch 7 vs Ch 13 Dilemma

I would not do a 13 unless I was paying less than maybe 30% of balances.

 

Otherwise, you could just negotiate on your own.

 

Seems like you can pay your bills just not make any progress on the debt.

 

GL!

Rebuild started in 2014  -  $100k unsecured credit in 2017  -  $500k unsecured credit in 2024.

DON'T WORK FOR CREDIT CARDS ... MAKE CREDIT CARDS WORK FOR YOU!



Message 3 of 8
missy42
Regular Contributor

Re: Ch 7 vs Ch 13 Dilemma

I'm a former fed worker/retired disabled vet.  I resigned from my job due to health reasons and waited more than a year to file because I was told I could qualify for a Ch 7, well fast forward to 11 months of waiting and I find out I would never qualify for a Chapter 7 due to my income.  Filed the Chap 13, like you I really hated to burn NFCU but no way I could pay back that amount of money.  I'm not on a 100% plan but my payments are very high due to mortgage arrears and high car payment with no cramdown available since I didn't buy car 910 days prior to filing.  I'm now 15 months into my 60 month payment plan, just got SSDI approved and things are really looking up.  Its been a hard 15 months but now I can truly see that this was the best option for me which allowed me to keep my home.  Chapter 13 is doable and yes the part-time job you will probably need to quit otherwise your payments will be higher.  Hoping the best for you, just know it gets easier from here not harder!!

Filed Ch 13- 8/29/17
Message 4 of 8
Anonymous
Not applicable

Re: Ch 7 vs Ch 13 Dilemma

I'd personally wait and get in a 7 if possible.

Message 5 of 8
Anonymous
Not applicable

Re: Ch 7 vs Ch 13 Dilemma

So, I got the update from my attorney today. News is not great - not even close to what I had hoped for. Chapter 13 will only end up being about $200 less than what my credit card minimum payments already are and I would be paying for five years. I did a quick calculation and the total ends up being about $30K more than what I currently owe, not including interest. Are the trustee/attorney fees really that high? I am not sure how that is all calculated. Any insight? I know that the payment is supposed to be all of my disposable income, but by my calculations, I am closer to $600 in the red every month. This plan doesn't really give me any breathing room at all. The total of payments also seems very high; it would still be a struggle since I was paying for many of my living expenses (mostly groceries and gas) on a credit card every month. This is no longer an option as all of my cards are maxed out with no real hope of getting completely caught up at this point. I can certainly call and negotiate to at least try and make me current. Would appreciate any tips anyone has for trying to work a deal with my creditors. I have one card that is allowing me to make the minimum payment due for April and then will consider me current. I have not talked to any of the others yet. I have also had a couple of offers to pay a portion of the debt in full right now and consider it paid in full. Unfortunately, I do not have the resources to take them up. I am getting a small tax refund, but not nearly enough to cover even one of these offers. If I had that kind of cash, I would not be in this situation now, would I?

 

On the bright side, relatively speaking, I also found out that there will be no waiting period to file Ch 7 once I drop the second job AND stop receiving child support – not one or the other as I had understood.

 

With all that being said, I think it is best that I have a chat with my creditors to see what they can do as far as getting me currentand try as best as I can to stick it out until I stop receiving child support (July) and do the Ch 7 – a clean break and a true fresh start. Meanwhile, I can hold onto the part time job until then as well. The lawyer is already paid in full for Ch 7 filing. I really did not want to wait so long, but I think that it will best for me in the long run. Any thoughts from those that have been there, done that? I could really use the encouragement right now.

 

Thanks everyone.

Message 6 of 8
Shooting-For-800
Senior Contributor

Re: Ch 7 vs Ch 13 Dilemma

How could you be paying $30k more than you owe?

 

$30k would be $500 extra per month!

How could that be $200 less than you minimum payments?

You minimum payments are like $1000 per month?

How much do you owe?  

How much is your 13 plan per month?

Something is not right.

Several statements above are concerning...

 

If you are going to BK, I would not pay anything unsecured.

Save your CASH for emergencies.

Rebuild started in 2014  -  $100k unsecured credit in 2017  -  $500k unsecured credit in 2024.

DON'T WORK FOR CREDIT CARDS ... MAKE CREDIT CARDS WORK FOR YOU!



Message 7 of 8
MyDataMyChoice
Valued Contributor

Re: Ch 7 vs Ch 13 Dilemma

STOP Paying all unsecured debt now...
If you are thinking of bankruptcy ... your credit will take a hit anyway....

Save the money... it will be AT LEAST a year before you are sued by anyone.... they will all stop interest at 6 months charge off status.... and then begin settlement offers. SAVE YOUR CASH to negotiate towards settlement offers.

Depending on your state you may have a Wild Card exemption for a certain amount of cash.  


Get a STRICT Budget in place.


All Negatives History Removed as of October 2025 - Only BK CH7 Showing as Public Record

                       
Lines of Credit:   
Personal Loan:  

Total Reported Revolving CL: $162,450 + 26K PLOC = $188,450

Message 8 of 8
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