It is not unusual to be caught between a rock and a hard place. Chapter 7 is designed to wipe out unsecured debt that the debtor cannot afford to pay and facilitate a fresh start. The trustee is required to liquidate assets that have non-exempt equity and distribute the net proceeds to your creditors. Chapter 7 is not intended to provide relief or protection against secured debt that is in default. Chapter 13 is designed to provide you with such protection provided you have the ability to continue to make your payments as they become due and get caught up through your Plan. Simply put, if your payments are behind, you want to save your house or car, and you need time to get caught up, you need to file under Chapter 13.

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