How do I know if I should file a chapter 7 or 13 bankruptcy?

It is not wise to file bankruptcy without an attorney. This is especially true for someone seeking a successful Chapter 13.

If you do not have any excess income compared to expense Chapter 13 will not be a good choice. You should consult with a lawyer, however, as to whether chapter 7 is a good choice.

Filing bankruptcy without an attorney is a bad idea. You risk losing assets you could protect and other difficulties. That said, Ch 7 is usually preferable. It is over quicker and is less expensive. You should talk to a few attorneys. Most attorneys will give you a free consultation. You and your attorney may be able to come up with a plan to fund your Bankruptcy.

Trying to file bankruptcy without a lawyer is a huge mistake. There are a myriad of factors that go into the decision as to which chapter you should file under.

You cannot afford to risk losing your home and not dealing with your debts by the complete foolishness of filing pro se. The fact that you do not know that the numbers that qualify you for a 7 usually mean you cannot do a 13, and vice versa all by itself shows why you cannot take the risk of filing pro se. You need a lawyer to analyze what you actually can do, should do and what will happen when you do it. If you do not know how to do all of the following (and if you should and when) you are unprepared to file a bankruptcy pro se: motion to avoid lien, lien strip, maximize your exemptions, when and if to sign a reaffirmation, how bankruptcy affects modification, how to answer an adversary proceeding, how to deal with creditor objections, etc. You cannot afford not to retain counsel. Many chapter 7 lawyers charge $1000 or less. Many 13 lawyers charge almost no legal fees upfront. Rethink your plans.

You cannot afford to do it on your own but if you decide to do it on your own make sure you learn about bankruptcy by buying do-it-yourself book and reading it cover to cover before filing. While it sounds like Chapter 7 is what you need, no one can tell you that without a complete evaluation of your case, including knowing the types of debts you have and the income amont other important information required.

You don't give sufficient information to make a determination at to what chapter of bankruptcy you should file. You may or may not be eligible to file a Chapter 7 case depending on your income and whether or not you have filed a bankruptcy previously. There are many factors that go into this determination and an office consultation with an experienced bankruptcy attorney is critical. Trying to do this on your own is almost like operating on yourself. Its not illegal, but its probably not a good idea. Did you know that you are not required to pay your debts in full in Chapter 13? The payment is based on what is reasonably affordable to you, and not on the amount that you owe.