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When is Chapter 13 a better option than filing a Chapter 7?

A Chapter 13 is a better option when you have a mortgage that is behind in payments. A Chapter 13 allows you to consolidate the arrearage in mortgage payments and pay the amount back over an extended period of time. If you file for straight bankruptcy (Chapter 7) and want to keep your home, you must be current on the payments on the date of the filing of the Chapter 7. The same is true with an automobile. Chapter 13 is a better option when you have a car note that is behind in payments. A Chapter 13 allows you to stop the repossession of the automobile and pay the car note back over an extended period of time.

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