The two most common types of consumer bankruptcy work very differently. This side-by-side comparison covers eligibility, duration, cost, property, discharge scope, and success rates for Kansas City filers on both sides of the state line.
| Factor | Chapter 7 | Chapter 13 |
|---|---|---|
| What it does | Eliminates most unsecured debt through liquidation | Reorganizes debt into a 3-5 year repayment plan |
| Duration | 3-4 months filing to discharge | 3-5 years to complete plan and receive discharge |
| Means test required? | Yes - must be below median income or pass expense calculation | No means test, but income determines plan length and payment amount |
| Property at risk? | Non-exempt property may be sold by trustee | Keep all property as long as plan payments are made |
| Filing fee | $338 | $313 (can be paid through plan) |
| Attorney fees (KC range) | $1,000 - $2,000 | $2,500 - $4,000 |
| Debts discharged | Credit cards, medical bills, personal loans, old utility bills | Same unsecured debts, plus can catch up on secured debt arrears |
| Mortgage arrears | Cannot catch up - foreclosure may proceed after stay lifts | Can cure arrears over plan and keep home |
| Car loan default | Must reaffirm, redeem, or surrender | Can cure default and keep vehicle through plan |
| Tax debt | Only taxes meeting the 3-year/2-year/240-day rules | Can pay priority taxes in full over 3-5 years without interest |
| Co-signer protection | None - creditors can pursue co-signers immediately | Co-debtor stay protects co-signers during plan |
| Second mortgage stripping | Not available | Can strip off wholly unsecured junior liens |
| Repeat filing eligibility | 8 years after prior Ch. 7 discharge; 6 years after Ch. 13 | 2 years after prior Ch. 13 discharge; 4 years after Ch. 7 |
| W.D. Mo. dismissal rate | ~5% | 40.4% |
| D. Kan. dismissal rate | ~4% | 31.4% |
| Credit report impact | Stays on report for 10 years from filing | Stays on report for 7 years from filing |
The success rate for each chapter varies dramatically, and Kansas City filers should understand these numbers before choosing.
Approximately 95% of Chapter 7 cases in both W.D. Mo. and D. Kan. result in a discharge. Most cases that do not result in discharge are voluntarily dismissed by the debtor, not denied by the court.
Chapter 7 cases are resolved quickly. There is no multi-year plan to fail. Once you file and attend the 341 meeting, discharge is nearly automatic unless there is a specific objection.
Chapter 13 has a much lower success rate. In the Western District of Missouri, 40.4% of Chapter 13 cases are dismissed before the debtor receives a discharge. The District of Kansas is somewhat better at 31.4%.
Common reasons for Chapter 13 failure include job loss, income changes, plan payments that were too high to sustain, or simply running out of financial stamina over 3-5 years.
These numbers are based on FJC Integrated Database data covering 2008-2024. The quality of your legal representation matters significantly for Chapter 13 outcomes.
| Cost Component | Chapter 7 | Chapter 13 |
|---|---|---|
| Filing fee | $338 | $313 |
| Attorney fees (KC typical) | $1,000 - $2,000 | $2,500 - $4,000 |
| Credit counseling (2 courses) | $25 - $50 | $25 - $50 |
| Fee waiver available? | Yes, if below 150% of poverty guidelines | No waiver, but filing fee can be paid through plan |
| Payment timing | Attorney fees due before filing in most cases | Attorney fees can be paid through plan over time |
| Total estimated cost | $1,363 - $2,388 | $2,838 - $4,363 |
Chapter 7 eliminates most unsecured debts in 3-4 months through liquidation of non-exempt assets. Chapter 13 reorganizes your debts into a 3-5 year repayment plan that lets you keep your property. Chapter 7 requires passing a means test; Chapter 13 does not.
Chapter 7 has a significantly higher success rate. Approximately 95% of Chapter 7 cases result in discharge. Chapter 13 has a 40.4% dismissal rate in W.D. Mo. and 31.4% in D. Kan. The quality of legal representation matters significantly for Chapter 13 outcomes.
You can keep your house and car if your equity is within exemption limits. Missouri allows $15,000 homestead and $3,000 vehicle exemptions. Kansas has an unlimited homestead exemption and $20,000 vehicle exemption. If you are behind on payments, Chapter 13 may be better because it lets you catch up over time.
Chapter 7 has a $338 filing fee and attorney fees of $1,000-$2,000. Chapter 13 has a $313 filing fee and attorney fees of $2,500-$4,000. Both require two credit counseling courses ($25-$50 total). Full cost breakdown.
Chapter 13 can catch up on mortgage arrears to prevent foreclosure, cure car loan defaults, pay priority tax debts over time, and protect co-signers from collection. Chapter 13 can also strip off wholly unsecured junior liens. Learn what debts cannot be discharged in either chapter.
Check whether a prior discharge affects your eligibility, or explore the means test to see if you qualify for Chapter 7.
Free Discharge Screener Means Test GuideRelated Kansas City Bankruptcy Resources
Our research was cited by the federal judiciary as Suggestions 26-BK-3 and 26-BK-5
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