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Do you pay back everything on Chapter 13?

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Do you pay back everything on Chapter 13?

Not always. Of Chapter 7 vs Chapter 13, only Chapter 13 has a plan, usually three to five years. Priority debts, such as most taxes, must be paid in full unless the creditor agrees to other terms. Unsecured debts may get only part, but at least what they would get in Chapter 7. Disposable income sets what you pay.

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In Chapter 7 vs Chapter 13, Chapter 13 is the one with a payment plan. That plan does not always pay every debt in full.

A plan over three to five years

The U.S. Courts Chapter 13 guide says: "Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years." It also says: "It enables individuals with regular income to develop a plan to repay all or part of their debts."

Debts paid in full

The guide says: "Priority claims are those granted special status by the bankruptcy law, such as most taxes and the costs of bankruptcy proceeding." It also says: "The plan must pay priority claims in full unless a particular priority creditor agrees to different treatment of the claim or, in the case of a domestic support obligation, unless the debtor contributes all 'disposable income' - discussed below - to a five-year plan."

Debts that may get only part

The guide says the plan need not pay unsecured claims in full as long as the debtor pays all projected disposable income over the plan period, "and as long as unsecured creditors receive at least as much under the plan as they would receive if the debtor's assets were liquidated under chapter 7."

Your income sets the payment

The plan depends on your income. The 2026 means test expense tables post covers this year's update to the means test.

Get help with your plan

What's the difference between Chapter 7 and Chapter 13? has the side-by-side view. Chapter 7 or 13: the filing order has the steps, and how to choose a bankruptcy lawyer has the checks.

This page is general information, not legal advice.

Sources

Where our facts come from

Who wrote this page

Written by
Chapter Fresh editorial staff. Who runs this site
Licensed professional
None. No bankruptcy attorney has checked this page.

Ask which chapter fits

Bankruptcy lawyers that serve your area may call about chapter 7 vs chapter 13. The call does not file a case or hire them.

Request a call

Tell us where to reach you. Bankruptcy lawyers that serve your area may call about chapter 7 vs chapter 13.

Chapter Fresh is an independent guide, not a court. Asking for a call does not file a case or hire a lawyer.