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F.A.Q. > Chapter 13 > Why Choose Chapter 13?

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There are many differences between the various types of bankruptcies and many reasons to pick one over the other. Here are some reasons that a Chapter 13 might be the right choice:

  • Flexibility: you can dismiss the case at any time with notice or even convert it to a Chapter 7. You can modify a plan if income changes or you decide to give up a house or a car. You can refinance or sell a house during the plan.
  • A Chapter 13 will save a house from foreclosure as long as you can make the payments.
  • You can strip a wholly unsecured second mortgage; or value a car if you’ve had it more than 910 days.
  • You can challenge the costs added to your mortgage by the lender.
  • Trustees want the plan to succeed and will work with you to get it confirmed.
  • Your attorney’s fees can be spread out rather than all due before filing.
  • You can avoid having to reaffirm a car in order to keep it.
  • You can cure a tax problem or a Domestic Support Obligation (child support or alimony) over 60 months.
  • You can stretch out your payments for a car or other secured debt and propose a reduction in the interest rate.
  • You won’t lose non-exempt property.
  • Depending upon your income a Chapter 7 case can be challenged by the US Trustee, but not a Chapter 13.