Which chapter actually saves my house?

Chapter 13 is generally the one built for that, since it lets you catch up mortgage arrears over a repayment plan. Chapter 7 alone typically only delays a foreclosure rather than stopping it long-term.

Do I need a steady job to file Chapter 13?

You need enough regular income to fund the monthly plan payment, which is why income review is one of the first things an attorney will look at.

Can I switch from Chapter 7 to Chapter 13 partway through?

In many cases a case can be converted from one chapter to another if circumstances change, though it depends on your specific case history and timing.

Chapter 7 vs. Chapter 13 when you're trying to keep your house

Homeowners facing foreclosure often assume any bankruptcy filing protects the house. It doesn't work that way. Chapter 7 liquidates non-exempt assets and discharges qualifying unsecured debt, but it does nothing to cure mortgage arrears, so once the case closes (or the automatic stay is lifted) the lender can pick the foreclosure back up. Chapter 13 is built differently: it sets up a court-supervised repayment plan, usually three to five years, that lets you catch up past-due mortgage payments while keeping the home, as long as you have steady income to fund the plan.

What a buyer should expect: the attorney will review your income, the amount of mortgage arrears, and your other debts to figure out which chapter actually fits your goal. Someone with no realistic income to fund a repayment plan may not qualify for Chapter 13 in a way that saves the house. Someone who mainly needs unsecured debt wiped out and isn't behind enough on the mortgage to need a repayment plan might be better served by Chapter 7 plus a separate loss mitigation request.

Income and means-test review to see which chapter you qualify for
Calculating what a Chapter 13 plan payment would need to be to cure arrears
Explaining what happens to the mortgage under each chapter after the case closes
Coordinating with loss mitigation or foreclosure defense counsel when needed

What it costs

Chapter 13 attorney fees are often set within local court guidelines and can typically be paid through the plan itself rather than entirely up front, while Chapter 7 fees are usually due before filing. Cost in either case is driven by how complicated the debt picture is and whether the case is contested.

Top 3 by our score

Ranked from our published scoring of public Google reviews for bankruptcy & chapter 13 filing.

1. Jesse M. Knevel Co. LPA
5.0★ · 275 reviews

94
2. Fairmax Law , a Debt Relief Law Firm
4.7★ · 700 reviews

86
3. Law Offices of Sheronda D. Dobson, LLC
4.9★ · 146 reviews

88

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FAQ

Which chapter actually saves my house?: Chapter 13 is generally the one built for that, since it lets you catch up mortgage arrears over a repayment plan. Chapter 7 alone typically only delays a foreclosure rather than stopping it long-term.
Do I need a steady job to file Chapter 13?: You need enough regular income to fund the monthly plan payment, which is why income review is one of the first things an attorney will look at.
Can I switch from Chapter 7 to Chapter 13 partway through?: In many cases a case can be converted from one chapter to another if circumstances change, though it depends on your specific case history and timing.

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