Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Chapter 7 (Lucky) vs. Chapter 13 (Unlucky)

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  • Chapter 7 (Lucky) vs. Chapter 13 (Unlucky)

    Has any one noticed that total and quick BK is the lucky number 7 while the dreaded and lengthy 3-5 year BK is the very unlucky number 13?
    Seems more than coincidental to me!

  • #2
    OMG, Barbisi. So true!!! Never thought of this! Ch 7 filers also would get immediate fresh starts while Ch 13 filers have to put up between 3-5 years of making payments and waiting for their credit scores to improve over time and feeling "bankruptcy-trapped" for the duration of their 13 cases.
    Filed CH13 Winter of 2018; Confirmed Summer of 2018; 5 Year payment plan


    • #3
      Haha, Robin2017! I just realized that myself the other day. You said it so right sister, LOL - for up to 5 years you are trapped!
      I wish just broke or one of our BK gurus would explain where the court came up with these 7 and 13 chapters - it can't just be a convenient accident!


      • #4
        Originally posted by Barbisi View Post
        I wish just broke or one of our BK gurus would explain where the court came up with these 7 and 13 chapters - it can't just be a convenient accident!
        It was by accident. The original code didn't have a personal reorganization chapter (13). When personal reorganization was added, it was in "chapter 13" of the code. The other "chapters" that precede what we classify as a "Chapter" of bankruptcy are the base portions of the bankruptcy Code. For example, Chapter 1 contains definitions and provisions, where Chapter 5 is a lot about creditors, the Trustee, and creditors. It's all part of Title 11 (XI) of the United States Code. You're really filing a petition under Title XI of the United States Code (USC). The specific version of Title 11 is clarified by which "chapter" under which the case has been requested.

        The not so funny thing is that the chapters in the code have come and gone. The code has been modified several times, over the years, and there are only chapters 1 (definitions and provisions), 3 (administration), 5 (creditors, debtors and the estate), 7 (liquidation), 9 (municipal debt adjustment), 11 (reorganization), 12 (farmers, fisherman debt adjustment), 13 (individuals with regular income debt adjustment), and 15 (ancillary and cross-border cases).

        This means that there are only "cases" under Chapter 7, 9, 11, 12 and 13 (and very unlikely 15). The remainder of the chapters are the foundation of how bankruptcy works.

        As you can see 7 of the chapters were repealed and no longer exist. They could "consolidate" it down to just 8 chapters, but that would be so confusing to people and probably take years upon years to get straight.

        So when you file Chapter 13, you're really filing a case under Title 11, Chapter 13.

        A very astute observation that it happened to align with what North American's consider an unlucky number.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.


        • #5
          I knew you would have the answer , just broke! You are the Obi Wan-Kenobi , the Super BK-Guru who knows all .... tells all...!


          • #6
            I agree Just Brokie is the Obi Wan-Kenobi, the Super BK-Guru .... I always agree that it is interesting about the 7/13 number choice you talked about above
            Filed Chapter 13 - 07/20/12
            Discharged 8/2/16


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