Pennsylvania Bankruptcy Help

Chapter 7 vs. Chapter 13 in Pennsylvania

Most Pennsylvania filers are choosing between two chapters, and neither one is automatically better. Chapter 7 is faster and cheaper; Chapter 13 buys time and protects things Chapter 7 cannot. The right answer depends on your income, your equity, and whether you are behind on secured debt.

What you should know

Eligibility. Chapter 7 requires passing the means test under 11 U.S.C. § 707(b): either your household income is below the Pennsylvania median for your household size, or you pass the long-form calculation after allowed expense deductions. Chapter 13 has no income ceiling, but it does have debt limits under 11 U.S.C. § 109(e), and you need regular income sufficient to fund a plan.

Speed. Chapter 7 typically runs 90 to 120 days from filing to discharge. Chapter 13 is a court-supervised plan lasting three years (if you are below median) or five years (if you are above median) before discharge under 11 U.S.C. § 1328. That is a real difference in how long you live under court supervision.

Your house. Chapter 7 does not cure mortgage arrears. If you are behind and the lender wants the house, Chapter 7 delays the sheriff sale but does not fix the default. Chapter 13 is the tool that cures arrears — you repay the past-due amount through the plan while resuming regular payments, and the lender cannot foreclose while you perform.

Your equity. Chapter 7 is a liquidation: whatever equity your exemptions do not cover is available to the trustee, who can sell the asset. If you have substantial non-exempt equity in a home, a paid-off vehicle, or a rental property, Chapter 13 lets you keep it by paying unsecured creditors at least the value of that non-exempt equity over the plan.

Your car. Chapter 7 lets you keep a financed car if you are current and reaffirm or stay current. Chapter 13 can cure a repossession-eligible arrearage and, in some cases where the loan is more than 910 days old, reduce the secured claim to the vehicle's value under 11 U.S.C. § 1325(a)(5).

Credit report. A Chapter 7 stays on your report up to 10 years; a Chapter 13 up to 7 years. That gap matters less than most people expect, because scoring recovery is driven mostly by debt-to-income and new on-time payment history — but if the two chapters are otherwise a close call, it is a legitimate point in Chapter 13's favor.

Cost. Chapter 7 attorney fees are paid before filing and are lower. Chapter 13 fees are higher but are largely paid through the plan, so the out-of-pocket amount to get filed is often smaller — which is why some people who could qualify for Chapter 7 still choose Chapter 13.

When Chapter 7 is the better fit: mostly unsecured debt, income below or near the PA median, current on (or willing to surrender) your house and car, and little non-exempt equity.

When Chapter 13 is the better fit: mortgage arrears you want to cure, above-median income, non-exempt equity you want to protect, priority tax debt you need to pay over time, a co-signer you want shielded by the co-debtor stay under 11 U.S.C. § 1301, or a prior Chapter 7 discharge that is too recent to repeat.

Free tool

Try our free bankruptcy calculator

Run the Pennsylvania Chapter 7 means test in under two minutes — compare your household income to the current PA median before your consultation.

Open bankruptcy calculator

Frequently Asked Questions

Common questions

Related service areas

No cost. No obligation.

Book your free bankruptcy consultation call.

Pick a time that works for you — Attorney Sean Quinlan offers free phone consultations to clients throughout Pennsylvania.

Prefer to call? (717) 724-7503