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 Guide