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 Paul Caston began practicing as an 
attorney in Hattiesburg, Mississippi, in 2010. 
Paul Caston of Hattiesburg is a debt relief 
agency as defined by federal law. In this 
position he helps people file for bankruptcy 
relief, particularly Chapter 7 and Chapter 
13 consumer bankruptcy filings. 
When an individual decides that the time 
has come to file for consumer bankruptcy, 
Chapter 7 and Chapter 13 represent the 
two most common choices.
 Understanding the differences between the 
two is critical to beginning the bankruptcy 
process on the right foot. Chapter 7, which can 
be filed by individual consumers and 
businesses alike, is so common that is has 
become known as straight bankruptcy. Any 
assets deemed nonexempt under Chapter 7 
are transferred to a trustee who subsequently 
liquidates the assets and pays off debtors with 
the proceeds. After a person files for Chapter 7 
bankruptcy, creditors can no longer seek to 
recover funds from the debtor, and any 
remaining dischargeable debts are cancelled.
 Chapter 13 bankruptcy, by contrast, takes into 
account the debtor’s annual income in order 
to restructure a debt repayment schedule of 
three to five years. Over this period, the debtor 
pays back zero to 100 percent of the original 
debt depending on the debtor's income and 
allowable living expenses. Therefore, Chapter 
13 is usually required for consumers who have 
sufficient income to pay off debts given the 
benefit of extra time, while Chapter 7 is 
permitted for debtors with insufficient income 
to pay back what they owe at any point in the 
near future.

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Chapter 7 and Chapter 13 Bankruptcy Filings

  • 1.
  • 2.  Paul Caston began practicing as an attorney in Hattiesburg, Mississippi, in 2010. Paul Caston of Hattiesburg is a debt relief agency as defined by federal law. In this position he helps people file for bankruptcy relief, particularly Chapter 7 and Chapter 13 consumer bankruptcy filings. When an individual decides that the time has come to file for consumer bankruptcy, Chapter 7 and Chapter 13 represent the two most common choices.
  • 3.  Understanding the differences between the two is critical to beginning the bankruptcy process on the right foot. Chapter 7, which can be filed by individual consumers and businesses alike, is so common that is has become known as straight bankruptcy. Any assets deemed nonexempt under Chapter 7 are transferred to a trustee who subsequently liquidates the assets and pays off debtors with the proceeds. After a person files for Chapter 7 bankruptcy, creditors can no longer seek to recover funds from the debtor, and any remaining dischargeable debts are cancelled.
  • 4.  Chapter 13 bankruptcy, by contrast, takes into account the debtor’s annual income in order to restructure a debt repayment schedule of three to five years. Over this period, the debtor pays back zero to 100 percent of the original debt depending on the debtor's income and allowable living expenses. Therefore, Chapter 13 is usually required for consumers who have sufficient income to pay off debts given the benefit of extra time, while Chapter 7 is permitted for debtors with insufficient income to pay back what they owe at any point in the near future.