Will a Chapter 13 Plan Look Better on My Credit Report Than Chapter 7? (2024)

Debtors may find difficulty choosing betweenChapter 7orChapter 13bankruptcy. Both have their advantages and disadvantages depending on your financial situation, but which one stays on your credit report longer? Does Chapter 13 look better to creditors long term as you try to improve your credit score?

Will a Chapter 13 Plan Look Better on My Credit Report Than Chapter 7? (1)

The short answer to that last question is, “probably not,” and that’s the unfortunate truth of our credit system today. Read on to learn more about the differences between Chapter 7 and Chapter 13 and how they affect your credit score — both good and bad.

Does “doing the right thing” help credit?

Many of our prospective clients come into our office with a need and desire to “do the right thing,” which translates into making an effort to pay back their debts in aChapter 13 plan. They are also concurrently hoping to gain some recognition through a better credit score, or having made the payments versus choosing a “straight” Chapter 7 debt liquidation.

Somewhat ironically, the opposite is true.That is, for purposes of rehabilitating one’s credit score, oftentimes a straight Chapter 7 is the better choice. How can this be? Speed is the primary reason.

Critical to Credit Repair: A Bankruptcy Discharge

First, let’s take a look at why both chapters of consumer bankruptcy are critical to credit repair. While a debtor may be concerned that bankruptcy will wreak havoc on their credit score, albeit temporarily, the paths the debtor took up until bankruptcy may have already done enough damage. One of the best ways to get back on track financially and work toward rebuilding your credit is to file for bankruptcy.

Both Chapter 13 and Chapter 7 are bankruptcies, plain and simple, and both arereported as suchon your credit report. A completed Chapter 13 plan will stay on your credit report for seven years, while a Chapter 7 bankruptcy discharge will be on your credit report for 10 years.

For purposes of rehabilitating credit, what a new creditor wants to know is whether your bankruptcy is finished. The legal term is “discharged,” but that’s the focus — “is the bankruptcy over with or done?” A typical Chapter 7 case will last for just a few months from start to finish, at which point it’ll be on your credit report once successfully discharged. Meanwhile, a typical Chapter 13 case is in existence for 3 to 5 years, the length of the plan.

It can easily be determined, then, that the sheer length of the Chapter 13 case versus a Chapter 7 case makes Chapter 7 a better choice for purposes of re-establishing credit. Right?

Chapter 7 is Faster — But is It Better?

A Chapter 7 discharge is simply much faster to obtain. There are other more subtle reasons that Chapter 7 is “better,” as well. For instance, one may only obtain a discharge of debt in Chapter 7 every eight years (the prior law was every six years).

New creditors know this about debtors coming out of Chapter 7. They also know that the amount of debt owed is now $0 or at least substantially reduced, and they know debtors are “minimum payment acclimated,” meaning, debtors know how to make minimum payments on outstanding balances.

However, Chapter 13 also looks good to some debtors. It’s particularly helpful whendealing with foreclosure, as well as mortgage modifications, car payments, and IRS problems. But the biggest problem with Chapter 13 is just how long it takes, and that all disposable income must go toward your payment plan for that set amount of time. With Chapter 7, you’ll pay less for your debts — but you also have toqualify for Chapter 7in the first place.

The Bank’s Perspective on Chapter 7 or Chapter 13

From a bank’s perspective then, a debtor coming out of Chapter 7 is an easy target for new business, and credit card solicitations abound, post discharge. So, for credit rehabilitation, the important thing is to obtain a discharge, and that discharge happens to occur much faster in Chapter 7 versus Chapter 13.

If you’re considering bankruptcy, it’s important to know which chapter will most benefit you and your specific financial situation. While you can try to go it alone, obtaining a bankruptcy discharge is much easier — statistically, and anecdotally — with the help of a qualified bankruptcy attorney.

Free Consultation with Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Will a Chapter 13 Plan Look Better on My Credit Report Than Chapter 7? (2)

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Will a Chapter 13 Plan Look Better on My Credit Report Than Chapter 7? (2024)

FAQs

Will a Chapter 13 Plan Look Better on My Credit Report Than Chapter 7? ›

Because a Chapter 13 bankruptcy offers some hope that lenders will receive payment, future creditors sometimes consider it more desirable or as having less impact on your credit. So, a Chapter 13 could be better for you than a Chapter 7.

Is Chapter 7 or Chapter 13 better for your credit? ›

It can take a long time to repair bad credit, but lenders often view a Chapter 13 filing as better than a Chapter 7 filing because Chapter 13 bankruptcy requires you to make regular payments for several years.

Will my credit score go up after Chapter 13? ›

Some filers see their credit score increase immediately after their bankruptcy is filed because they no longer have any debt. Keep in mind, there is no guarantee your credit score will rise, every individual's financial circ*mstances are different and what you do (or don't do) to rebuild your credit will be critical.

Why would you file Chapter 13 instead of Chapter 7? ›

You may like to file Chapter 13 instead of a Chapter 7 bankruptcy, if you're behind on your mortgage payments and you're trying to save your home. Chapter 7 does not give you the opportunity to catch up mortgage payments or otherwise save your house. A Chapter 13 would be the appropriate chapter to file for that.

Does Chapter 13 show up on credit report? ›

Chapter 13 bankruptcy is typically removed from your credit report seven years after the date you filed, and this is done automatically. The turnaround is quicker because you're required to at least partially repay your debt.

What is the success rate of Chapter 13? ›

Success Rate for Chapter 13 Bankruptcy

Consumers should be aware that there is less than 50-50 chance filing for Chapter 13 bankruptcy will be successful, according to a study done by the American Bankruptcy Institute (ABI).

How to get 700 credit score after Chapter 7? ›

Capably managing your credit after bankruptcy could put you back above 700 — the good-risk range — in as few as four years. Again, this means minimizing your credit card balance utilization, paying off balances, and being punctual repaying your debts.

What is the average credit score after Chapter 13? ›

The truth is that bankruptcy can definitely tank people's credit scores. But in most cases, these people already have a bad credit score because of how much debt they have. In fact, the average credit score after a bankruptcy discharge can vary between 400 and 530.

How many points does a Chapter 13 drop credit score? ›

If you know your score and file for bankruptcy, get ready to watch it plunge. A person with an average 680 score would lose between 130 and 150 points in bankruptcy. Someone with an above-average 780 score would lose between 200 and 240 points.

Why did my credit score go up after filing Chapter 13? ›

Your credit report actually lists your credit cards, mortgage, car loan, payment history, and any negative public records such as bankruptcy or foreclosure. Oddly enough, after your bankruptcy, your credit score may actually temporarily go up, because it will reflect your lower debt-to-income ratio.

Is Chapter 13 as bad as Chapter 7? ›

They're equally bad, and if you're at the point where you're considering bankruptcy, your credit score is beyond saving, for now. Whether you take Chapter 7 or Chapter 13, your credit score is going to take a devastating hit.

Does Chapter 13 hurt your credit less than Chapter 7? ›

Chapter 7 and Chapter 13 bankruptcy both affect your credit scores the same. Having a Chapter 13 bankruptcy on your credit reports isn't any better for your score than a Chapter 7. However, the individual reviewing your credit might look at more than just your credit score.

How hard is it to convert a Chapter 13 to a Chapter 7? ›

The Bankruptcy Code states you can convert a Chapter 13 case to a Chapter 7 case “at any time.” You may want to consult with a bankruptcy lawyer to make sure that converting your case is your best option. In most cases, you simply file a “notice of conversion” and pay the conversion fee.

How bad does Chapter 13 hurt credit? ›

Filing for Chapter 13 bankruptcy will appear on your credit report, lowering your credit score. Chapter 13 bankruptcy stays on your credit report for seven years. Pre-bankruptcy credit history will determine its impact. If you had a good credit score before filing, the reduction may be greater.

How much debt do you pay back in Chapter 13? ›

All debts other than priority and secured obligations are general unsecured debt—and the amount you'll pay to your unsecured creditors in Chapter 13 bankruptcy will be the greater of your disposable income or the amount your creditors would have received had you filed for Chapter 7 bankruptcy. Disposable income.

Is it OK to get a credit card while in Chapter 13? ›

You can't get new credit or take out a loan during your Chapter 13 case, but exceptions exist if you can get credit approval from the Chapter 13 bankruptcy judge.

How much does Chapter 7 lower your credit score? ›

If you know your score and file for bankruptcy, get ready to watch it plunge. A person with an average 680 score would lose between 130 and 150 points in bankruptcy. Someone with an above-average 780 score would lose between 200 and 240 points.

How long is credit ruined after Chapter 7? ›

How long does a Chapter 7 bankruptcy stay on your credit report? In most cases, a Chapter 7 bankruptcy can stay on your credit reports for up to 10 years from the date you file bankruptcy. Once the 10-year period ends, the bankruptcy should fall off your credit reports automatically.

How long does it take to rebuild credit after Chapter 7? ›

How long does it take to rebuild credit after Chapter 7? A bankruptcy stays on your credit report for 10 years. However, when a person files Chapter 7 liquidation bankruptcy, the debtor immediately and dramatically reduces their debt-to-income ratio, which could set the stage for a rising credit score in a year or two.

How long is your credit ruined from Chapter 13? ›

Chapter 13 bankruptcy, which allows consumers to organize and repay some of their debts while eliminating the rest, stays on your credit report for seven years. Note that these timelines start on the filing date for your bankruptcy, and not from the date your bankruptcy is discharged.

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