Chapter 7 vs Chapter 13 when you're trying to keep your house
Homeowners researching bankruptcy as a way to deal with a pending foreclosure usually aren't asking which chapter is cheaper to file. They're asking which one lets them keep the house. That's a meaningfully different question from the general "which bankruptcy chapter fits my income" analysis a bankruptcy hub page answers, and it deserves its own explanation.
Chapter 7 triggers an automatic stay that pauses a foreclosure immediately, but the pause is usually temporary unless the homeowner is current on payments going forward or can otherwise resolve the arrears, since Chapter 7 doesn't include a repayment plan for catching up back payments. Chapter 13 is built around a repayment plan, typically over three to five years, that can let a homeowner cure mortgage arrears over time while keeping the property, as long as they can afford the ongoing payment plus the catch-up amount.
- Chapter 7: fast automatic stay, discharge of unsecured debt, but no built-in mechanism to cure mortgage arrears
- Chapter 13: repayment plan that can spread out missed mortgage payments while keeping the home
- Income and asset qualification differs between the two chapters
- Both require coordination with any existing foreclosure case already in Connecticut Superior Court
What it costs
Chapter 13 cases generally involve more attorney work over a longer period than Chapter 7, since the case stays open for years and requires plan payments to be monitored, so fees are often structured differently between the two. Chapter 7 fees tend to be more predictable since the case resolves faster. Either way, ask an attorney to explain filing fees, attorney fees, and whether any of it can be rolled into a Chapter 13 plan versus paid upfront for Chapter 7.
Top 3 by our score
Ranked from our published scoring of public Google reviews for bankruptcy (chapter 7 & 13).
- 1. Law Offices Of James F Aspell, PC924.9★ · 180 reviews
- 2. Law Offices of Neil Crane, LLC865.0★ · 44 reviews
- 3. Beckett Law LLC854.8★ · 128 reviews
FAQ
- Will Chapter 13 definitely let me keep my house?
- It can, but only if the proposed plan realistically covers both your ongoing mortgage payment and the arrears you owe. If the numbers don't work, the plan won't be confirmed by the court, which is why an attorney reviews income and debts closely before recommending this route.
- Does Chapter 7 stop foreclosure permanently?
- No. Chapter 7 pauses foreclosure through the automatic stay while the case is open, but it doesn't create a plan to catch up missed payments, so the lender can typically resume foreclosure once the stay lifts unless the arrears get resolved another way.
- Can I switch from Chapter 7 to Chapter 13 later if I need to keep the house?
- In some cases a Chapter 7 case can be converted to Chapter 13, but it's not automatic and depends on eligibility and timing. This is a case-specific question worth raising with an attorney early rather than after a Chapter 7 filing is already underway.