In a bankruptcy foreclosure which one is the best chapter 7 or chapter 13?

A Chapter 13 plan allows you to repay debts (or a portion) over a 3 - 5 year time period. Chapter 7 discharges all debts. Bankruptcy will delay but not prevent the lender from foreclosing on your home.

Unfortunately, this question is not one that can be fully answered in the limited context of posting a question online. The limited facts provided suggest perhaps a chapter 13 might work but there may be facts in your situation that make that not appropriate. For example there are debt limits that the debtor must be below to qualify for chapter 13, debtor must have regular income and propose a feasible plan. You really ought to get a consultation with a bankruptcy attorney to see if bankruptcy can help and if so which chapter will best accomplish your goals. The attorney will want the information you provided but with more details (actual numbers) about your income, assets: types & values, reasonable and necessary living expenses, mortgage payments, how much you are behind, any other debts you may have like car loans, income taxes, student loans, property taxes, hoa fees, how the divorce split any mutual debts you have with your ex, etc.. Yes there will be some work on your part gathering this information. Some people don't want to think about these details or look at the big "ugly" picture but sometimes you have to do what you have to do. You need an interactive discussion with a competent attorney to discuss the options, the process involved in each, what you can expect to accomplish, answer questions you may not have even considered yet.

If you want to keep home and pay back arrears then 13 is the only option. If you go to a decent attorney they should also consult you on a 13+7 option called a Chapter 20.

You really should sit down with an attorney to evaluate your situation. Are you trying to save the home or walk away from it? Either type of bankruptcy will protect you after a foreclosure. A chapter 13 might allow you to try to catch up the mortgage payments. You may or may not be eligible for chapter 7 relief because it is largely driven by income level and household size. There is not enough information here to tell.

You are not indicating whether you wish to keep the home.

The answer depends on your long term goal. Both Chapters will stall the foreclosure. If you file a 7 you will have a short time (90 days) to come up with the amount you are behind or the foreclosure will continue so you will lose the house. If you file a 13 you will have up to 5 years to come up with the 8 payments you are behind and you can stay in the home, but you will have to make a monthly payment for the 5 years. You need to decide your goals and speak to a professional.

If you intend to keep the house, a Chapter 13 is the only way to deal with the arrearage. If you only intend to buy some time, a Chapter 7 will do that.