Why You Must Understand the Difference Between Chapter 7 and Chapter 13 in Philadelphia

Why You Must Understand the Difference Between Chapter 7 and Chapter 13 in Philadelphia

There is a world of difference between the two forms of bankruptcy available to the average debtor. It is very important to educate yourself about them, so you can work with your attorney to choose the filing that’s right for you.

As Philadelphia bankruptcy attorneys we will give you advice based on your financial situation and goals, but ultimately you will have to make, and live with, your decisions.

We’ve covered the actual differences elsewhere on our blog. Let’s talk about why you need to make sure you’ve explored those differences.

Primarily?

Filing incorrectly can leave you in an even worse position.

Filing incorrectly can mean you don’t get to keep assets you need to keep.

Many people file bankruptcy because they’re trying to save their houses or cars. Whether you get to keep that property or whether it’s sold off to pay creditors depends largely on whether that property is covered by federal bankruptcy exemptions. The amount of equity in your home and car can make a big difference.

If you’ve got too much equity, or are unwilling to let property go, a Chapter 13 may be your only choice. However, Chapter 13 is harder. You don’t want to race to choose it over Chapter 7 if existing exemptions will take care of the issue anyway.

Filing incorrectly can mean failing to get your discharge.

The Atlantic recently covered debtors in Memphis who have dug an even larger hole for themselves by filing for Chapter 13 multiple times, never successfully completing their payment plans or achieving a discharge. One advantage of Chapter 13 is your ability to file again if you need to, but it still doesn’t do you much good if you are unable to complete the process.

“Less than a third of Chapter 13 cases in the district result in a discharge of debts. And when their cases are dismissed, debtors are often in worse straits, because as they struggled to make payments, the interest on their unpaid debts continued to mount. Once the refuge of bankruptcy is gone, the debt floods back larger than ever. They’ve borne the costs of bankruptcy—attorney and filing fees, a seven-year flag on their credit report—without receiving its primary benefit.” [Emphasis ours].

Here at Sadek and Cooper we want you to receive the primary benefit of the bankruptcy filing, which is why we take the time to educate you as much as we possibly can even before you set foot into our office.

You may not be eligible for both kinds of bankruptcy.

Some people just won’t have a choice about what kind of bankruptcy they file because they can’t pass the means test. If you make too much money or have too many assets Chapter 13 bankruptcy is generally going to be your only choice.

If you start making major decisions on the notion that you’ll be filing for Chapter 7 you could create problems down the line. Be sure to discuss your financial situation thoroughly with your attorney so you are aware of which type of bankruptcy is legally open to you.

These are both good examples of why DIY bankruptcies are ill-advised.

A lot of individuals mistakenly think they can file a successful bankruptcy by filling out a bunch of forms they got off the Internet.

But even simple issues—something as simple as choosing the wrong type of bankruptcy—can send your life into a financial tailspin.

There is a reason lawyers are held to rigorous professional and educational requirements: nothing about the law is simple. Your best bet is to contact us for a free evaluation. We’ll work with you to put together a payment plan that makes sense, and you’ll save far more money in the long run than if you’d tried to DIY it. Call and make an appointment today. We’re ready to help you.

 

 

 

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SEEWHAT OUR CLIENTS ARE SAYING

Matthew Justice
Matthew Justice
07:11 16 Jul 18
Brad Sadek has no equal when it comes to Foreclosure defense and bankruptcy. He is knowledgeable about the whole thing. It actually gave me confidence during the case.
Landlord Guy
Landlord Guy
16:25 06 Jul 18
Well... About a year ago I was faced with an unpleasant (but necessary) decision. I contacted Sadek and Cooper to make an appointment and ended up speaking with Brad. I brought all of the required/requested information and we did some calculations together (I like numbers) to see what my options were. The process was relaxed and transparent, and his advice was neutral and objective (in my opinion). I ended up filing for CH13, which allowed me to keep my property. I worked with Matt for the remainder of the process. He was communicative, helpful, and very patient with someone like me who asks A LOT of questions. If you're going to go for CH7 or CH13 I'd suggest at least talking to Sadek & Cooper to get an idea of what your options are. And if you decide to go through it with them I can't imagine you'll be disappointed (as lond as YOU do what's required on time, etc. of course). We're talking about court here, so it's best to be early and over-prepared for everything. I hope I never have to use their services again (for obvious reasons lol), but I'm certainly very happy that I DID when I needed to. They helped me tremendously and it has been SMOOTH SAILING since my CH13 plan was approved. I wish them all the best and look forward to the end of my CH13 and it being cleared from my record eventually. If you're considering CH7 or 13 DO your RESEARCH. Don't be "afraid", educate yourself, be an INFORMED consumer. And go talk to Sadek & Cooper for some SOUND advice and a good analysis of your options! SOONER rather than LATER. Don't wait until the last minute.
Joseph Olson
Joseph Olson
17:12 22 Jun 18
We are extremely pleased with this firm. They have provided amazing detail, information and support during this difficult time in our life. We are truly grateful for all of their hard work and would highly recommend them to anyone!
Jamie Daniels
Jamie Daniels
13:20 20 Jun 18
I am more than happy with the service and expertise I received when I filed my recent chapter 13 case. They made everything very easy and comfortable under very stressful circumstances. I would highly recommend Sadek and Cooper.
Nagena Pierre-Louis
Nagena Pierre-Louis
13:19 13 Jun 18
I was less than a week away of losing my home. Sadek And Cooper helped me to save my only home. If they helped me they will be able to help you. Their help is just a phone call away. Please just call them!
Alicia Green
Alicia Green
14:16 22 May 18
My experience with Sadek and Cooper was awesome. They were extremely helpful with answering all my questions and made me feel comfortable and less anxious about filing for bankruptcy. The process was smooth and quick and had no issues at all!Alicia
Selena Pinkney
Selena Pinkney
13:52 22 May 18
I used Sadek Law Firm and had the best experience. All of the staff were very helpful and knowledgeable. They made a very scary process easy and painless. I would and have recommended their services.
Ethan Hew
Ethan Hew
13:44 16 May 18
Sadek & Cooper has to be the best firm for our bankruptcy needs. They walked my wife and I through the entire process and were always there to answer our questions. Hands down the best firm I’ve ever worked with.
Chris Jamison
Chris Jamison
19:52 04 May 18
Matt Lazarus from the start was very helpful with making me filing for bankruptcy as easy as possible. It is one of the hardest things to go thru in life. But you have to look at it as a new start. Thank you again to everyone at Sadek & Cooper for all your help.
Thomas Wright
Thomas Wright
15:09 24 Apr 18
Sadek and Cooper Law did a great job on my bankruptcy case. I really appreciate their assistant. Thank you
Kelly McKenna
Kelly McKenna
11:57 19 Apr 18
This form - specifically Yoninah Orenstein and Patrick Cooper are PHENOMENAL. They were great to work with, very fair with legal fees, and successful in getting an excellent settlement for my divorce (short term marriage
Dessiana Cruz
Dessiana Cruz
13:11 04 Apr 18
I was nervous about bankruptcy, but from the moment I stepped in your office I felt at ease. This process was so easy with your help, that yesterday I was talking to my coworkers about it and recommending your firm to them. You make something that’s scary seem easy and I thank you so much for helping me!
Valerie Nesbitt
Valerie Nesbitt
14:51 03 Apr 18
Sadek and Cooper have been excellent. Everyone has been extremely helpful and patient. The lawyers I have worked with, Matt and Brad, are extremely knowledgeable. I felt very comfortable with them handling my case.
Marlena Lucas
Marlena Lucas
16:08 02 Apr 18
Very simple. Any time I had questions, they were answered quickly. The lawyers are just great. Just a fast painless process.
James Smith Sr
James Smith Sr
13:19 14 Mar 18
Everything has been great. Really awesome job with my case... You and your staff have done a perfect job in my opinion.
Michkel Davis
Michkel Davis
17:02 09 Mar 18
Mr. Sadek was the best and most thorough lawyer I’ve ever met. He’s very human and caring about our case. His whole staff is great too. Highly recommend...
Tamika Richardson
Tamika Richardson
14:56 01 Mar 18
My bankruptcy went very smoothly with your firm. No issues. You are all very nice. That’s why I recommend my sister to your firm and your now helping her too! Thanks again.
Geraldine Ross
Geraldine Ross
14:14 28 Feb 18
This is an Excellent firm to work with; my questions were answered in a timely manner and I felt very supportive in handling my bankruptcy. I would highly recommend this firm to others who have found themselves in a position like mine.
Lavern Baker
Lavern Baker
17:03 23 Feb 18
You are all super lawyers. Brad and Matt made me feel comfortable. Every one in your office so nice and just made it easy. You’re the best!
peter b
peter b
19:42 21 Feb 18
Thank you, Sadek and Cooper Law offices for your dedication on my behalf. I appreciate Matthew and Patrick and your staff and all that everyone did to support me in this legal matter. You took an embarrassing, sad experience, for me, and turned it into a successful solution without all the emotional pain expected. After dealing with a loan modification company for over eighteen months without going to an attorney first that is the biggest mistake anyone can make. The Modification Companies set out to sell you lies, broken promises and dilute the homeowner's assets with no knowledge of any kind of law. I can't stress enough stay away from Modification companies, as a Military Veteran and family man, protect you or your family best interest. Go directly to Sadek and Copper you will not regret it! This firm moves with Super speed and diligence protecting you and your family's the entire process, even after watching some of these other attorneys in the courtroom appearing to mishandled their clients’ cases before the Trustee. You made it easy and I’m finally getting my financial life back on track! Thank you for your prompt replies to me, your clear information and preparation needed when at the courthouse. I would of course recommend you to others and I am glad you were the one who had my case. Kind genuine law firm who treats you like family. God bless you all and I pray for your continued success in your field of expertise. This firm is Super Lawyers for a reason. They are the best at what they do! Pete
Doug Tinlin
Doug Tinlin
06:55 15 Feb 18
Brad Sadek gave me hope when he decided to handle my mortgage for enclosure defense. I had exactly 10 days left of the 30 days ultimatum given me, but he was able to bargain for an extra 30 days for me to pay up. That duration turned out just right.
Jacinth Jacinth
Jacinth Jacinth
16:07 31 Jan 18
Excellent service. Brad and Matt were outstanding and friendly. They helped me through this. I’ve never met attorneys like these. Thank you!
julie njoku
julie njoku
12:29 24 Jan 18
Brad Sadek is excellent!. He understands and he's fair. You feel like you have someone fighting for you. The staff is friendly, professional, and courteous. These guys are the best at what they do !
Owen Black
Owen Black
20:14 09 Jan 18
Thanks for the great service! I would recommend this firm highly. Throughout the years I have been helped by this firm greatly and very much appreciated.
Steven Rychalsky
Steven Rychalsky
15:30 09 Jan 18
Sadek and Cooper law office was a wonderful experience to work with. Bankruptcy is a difficult experience but they helped with the stress so much and made it easy. I would recommend Sadek and copper too anyone.
Chris Kourelias
Chris Kourelias
19:09 28 Dec 17
Working with both Brad & Matthew was a pleasure. Both gentlemen are extremely knowledgeable and helpful in providing me the right assistance needed to make the correct decision to benefit me in the long run. I would recommend both candidates to anyone looking for assistance with a reputable law firm.
Jennyfer Santana
Jennyfer Santana
21:17 21 Dec 17
Highly Recommended. Matt & Brad assisted with my case. I felt comfortable throughout the entire process. Matt was very understanding, patient, and ensured he answered all my questions! Both great guys and very friendly! It was a pleasure working with Matt and Brad.
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