Chapter 7 vs. Chapter 13 Bankruptcy in Maine 2026
Chapter 7 and Chapter 13 are the two most common bankruptcy options for individuals. Chapter 7 is a liquidation — a trustee sells non-exempt assets and discharges most remaining unsecured debts within 3 to 6 months. Chapter 13 is a reorganization — you keep all assets but repay some or all debts over a 3-to-5-year plan. The right choice depends on your income, assets, debt types, and goals. In Maine, the Chapter 7 income limit for a single person is $60,624/year; filers above that threshold must either complete the disposable income test or file Chapter 13.
Chapter 7 vs. Chapter 13 Side-by-Side Comparison
| Factor | Chapter 7 | Chapter 13 |
|---|---|---|
| Timeline | 3–6 months | 36–60 months |
| Eligibility | Must pass means test | Regular income; debt limits apply |
| Asset protection | Only exempt assets kept | All assets kept |
| Mortgage arrears | Cannot cure through bankruptcy | Can cure over plan term |
| Car loan arrears | Must stay current or surrender | Can include in plan |
| Tax debt | Only old qualifying taxes dischargeable | Priority taxes paid in full through plan |
| Monthly payment | None | Required (disposable income) |
| Discharge timing | ~4 months after filing | After plan completion (3–5 years) |
| Credit report duration | 10 years | 7 years |
| Re-filing wait (same chapter) | 8 years after prior Ch. 7 | 2 years after prior Ch. 13 |
Frequently Asked Questions
Which chapter discharges more debt?
Chapter 7 discharges unsecured debt (credit cards, medical bills, personal loans) faster and more completely, but non-dischargeable debts (student loans in most cases, recent taxes, alimony) survive in both chapters. Chapter 13 can discharge certain debts that Chapter 7 cannot: debts from property settlements in divorce and some tax obligations — but it takes 3 to 5 years to get there. Chapter 13 is uniquely valuable for curing mortgage arrears and saving a home from foreclosure.
Can I choose Chapter 13 even if I qualify for Chapter 7?
Yes. Qualifying for Chapter 7 does not obligate you to file it. Many filers choose Chapter 13 voluntarily to: keep assets with equity above their state's exemption limits, cure mortgage or car loan arrears, pay non-dischargeable debts (taxes, student loans) in a structured way, or avoid the Chapter 7 "liquidation" stigma. Chapter 13 also offers a "super-discharge" of certain debts that survive Chapter 7.
What happens if I start Chapter 13 but cannot complete it?
If you cannot complete your Chapter 13 plan due to a financial hardship that is genuinely beyond your control, you may be eligible for a hardship discharge of the remaining debt — but only if creditors have received at least as much as they would have gotten in a Chapter 7 case. Alternatively, you can convert your Chapter 13 case to Chapter 7 at any time as a matter of right (assuming you were not already in a Chapter 7 that was converted to Chapter 13). Conversion restarts the process but resolves the case more quickly.