Chapter 7	Chapter 13
Debtor makes no monthly plan payment	Debtor makes a monthly plan payment to the Chapter 13 trustee for a period extending from 3 to 5 years.
Debtor's average past 6 month disposable income must be below the "means test".	Debtor must demonstrate that he has enough income to make bankruptcy plan payments.
Means test averages the last 6 months of gross income. The means test also averages the last 6 months of debtor's allowable expenses.	Means test averages the last 6 months of gross income. The means test also averages the last 6 months of debtor's allowable expenses.
Means test is used to determine debtor's "net disposable" income after allowable expenses.	Means test is used to determine debtor's "net disposable" income after allowable expenses.
Primary residence payment, including taxes and HOA dues, if house is owned at least in part by debtor, is 100% deductible as an allowable means test expense.	Primary residence payment, including taxes and HOA dues, if house is owned at least in part by debtor, is 100% deductible as an allowable means test expense.
401 K and voluntary qualified retirement plan expenses are not deductible as an allowable means test expense.	401 K and voluntary qualified retirement plan expenses are deductible as an allowable means test expense.
If debtor's average net disposable income is less than $200 per month, debtor qualifies for Chapter 7 bankruptcy.	In some jurisdictions the amount the means test determines as "net disposable" income is the amount of the Chapter 13 plan payment, but in the Central District, the trustee uses his own "secret" test to determine this amount.
Debtor usually gets a discharge in about 3 months from the date of filing.	Debtor does not get a discharge until the end of his plan.
An automatic stay prohibiting creditors from taking any legal action against the debtor is entered on the day of filing	An automatic stay prohibiting creditors from taking any legal action against the debtor is entered on the day of filing
There is no limit on the amount of debt a debtor may have in order to qualify for Chapter 7 Bankruptcy.	In order to qualify for Chapter 13, the debtor may not have more than $360,475 unsecured debt and no more than $1,081,400 secured debt (as of Sept.1 2010).
The Chapter 7 trustee may take assets from the debtor if those assets do not qualify for an exemption under state law.	The trustee will not take any assets away from the debtor, even if the assets do not qualify for an exemption under state law.
If the Chapter 7 trustee takes any of debtor's assets, he will sell those assets and distribute the proceeds to debtor's creditors on a pro-rata basis.	The total sum of all of debtor's plan payments must be more than or equal to the sum of the value of all debtor's non-exempt assets or the case will be dismissed.
The Chapter 7 trustee will take away the debtor's tax refund check if the debtor became entitled to the refund before filing, but did not receive the refund until after filing.	The Chapter 13 trustee will take any tax refunds the debtor becomes entitled to during the period of the plan.
A second deed of trust may not be removed from debtor's property	A second deed of trust may be removed from debtor's property if the value of the property is less than what is owed on the first deed of trust.
A debtor may surrender any secured property (i.e. cars, land, timeshares, etc.) and the balance owed will be discharged.	A debtor may surrender any secured property (i.e. cars, land, timeshares, etc.) and the balance owed will be discharged.
Spousal support and child support is not dischargeable	Spousal support and child support is not dischargeable, however, arrears can be paid off in a 3 to 5 year plan.
Money owed to a former spouse to pay debts allocated in a divorce decree is not dischargeable	Money owed to a former spouse to pay debts allocated in a divorce decree is dischargeable
Student loans are not dischargeable.	Student loans are not dischargeable, but student lenders will be paid a pro-rata share of the plan payments which could be more or less than the regular monthly student loan payment (but is almost always less).
Debtor may not dismiss case without the court's permission.	Debtor may dismiss the case at any time, but court may impose a bar to re-filing if court believes debtor filed in bad faith.
The terms of a vehicle loan will not change if the debtor chooses to keep the vehicle	In many instances the terms of a vehicle loan can be changed reducing the amount of money the debtor will have to pay to keep the vehicle.
The debtor can remove judgment liens from his primary residence if those liens "impair his homeowner's exemption" under state law.	The debtor can remove judgment liens from his primary residence if those liens "impair his homeowner's exemption" under state law.
Mechanics liens cannot be removed from property.	Mechanic's liens can be removed from property if there is no equity in the property.

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