Chapter 13 vs Chapter 7?

You sound like a good candidate for a Chapter 7 bankruptcy. This will wipe out all your unsecured debt and the landlord deficiency. This will give you a fresh new start so you will not need to worry/stress over paying those creditors a monthly amount. The child support will remain and you will need to continue paying that through and after the bankruptcy. Meet with an experienced Chapter 7 attorney - or a few - to get a feel for who you are most comfortable with. Hope this helps!

Please review this with a bankruptcy attorney in your area. There are many differences between the two Chapters. However, for purposes of a quick answer, Chapter 13 is a repayment plan in which disposable income is turned over to a trustee for re-distribution amongst the creditors. Chapter 7 does not involve repayment. Your income suggests the latter, a discharge without repayment over time.

The field of bankruptcy law is highly technical so you should have an in-person consultation with a bankruptcy attorney to review your financials and determine what option, if any, is best.

A Chapter 7 would let you wipe it all out and start over fresh right now. A Chapter 13 would allow you to pay part back over three to five years. I see no reason why you'd file a 13 but I don't have all the facts. You should call an Avvo attorney and discuss it further. Shouldn't cost you a nickel to chat.
Good luck!
Rob

It sounds like you would be looking to file a chapter 7 rather than a chapter 13 for the reasons already stated in the other answers. But be sure to meet with an experienced bankruptcy attorney in your area to thoroughly review your income, expenses, debts and assets as well as any potential pitfalls to determine your best course of action.

It sounds like a Chapter 7 may be what you're looking for, but you need to talk to a bankruptcy attorney nonetheless. In short, a Chapter 7 is usually over with in less than 6 months (oftentimes sooner) and wipes out all your unsecured debt like credit cards, medical bills; basically, debt not tied to pieces of real or personal property. However, no bankruptcy can wipe out child support/alimony/student loans, etc. A Chapter 13 is a better choice if you are behind on secured debt (debt tied to property) like a mortgage, auto loan, or finance companies that make you pledge collateral. Since it sounds like you don't have any of that, a Chapter 7 may be the way to go. Again, talk to a bankruptcy attorney and provide them with all the details. Most bankruptcy attorneys don't charge for a consultation and will be able to guide you in the right direction. Good luck to you!

I have two videos covering this topic. Each is less than 90 seconds long. The links are below. Hope this perspective helps!

Chapter 13 bankruptcy is only available for people that have disposable income (excess income) left over each month after all of their reasonable and necessary /allowed expenses are accounted for. I am hard pressed to see how you would have any income available to provide to a Chapter 13 Plan given your income and normal expenses, plus the additional monthly child support payment.
Chapter 7 is preferred for many people who would rather discharge their debt entirely without repaying any amount to creditors, and for those people who are not trying to save a home from foreclosure, for example, by catching up on past due amounts through the duration of a chapter 13 bankruptcy case (36-to-60 months).
Please do yourself a favor and take a consultation with a few bankruptcy lawyers to be sure you meet all other conditions for filing and successfully completing a chapter 7 bankruptcy case.

You're going to want to do a Chapter 7. Chapter 13 is reserved for individuals who make too much money to qualify for 7, have non exempt property, or want to get caught up in arrears.
The purpose of bankruptcy is to provide a "fresh start" for the honest but unfortunate debtor. Seeing as how you have a new child on the way, now might be the time to file.

I agree with my colleagues that a Chapter 7 would allow you to shed the $15K debt. However, it also appears you are "judgment proof" meaning your present financial situation is such no one will be able to collect a judgment against you. It may be better to hold off on a bankruptcy until such time as you have something to lose. If you can let the collection phone calls go to voice mail or change your number to unlisted, the collection agencies usually give up after a few months. They are good at creating imaginary crises, bogus deadlines, etc. If you do decide to file a Chapter 7 or 13, be sure to use a competent attorney. BK is not a DIY project. Click the Avvo tab "Find a Lawyer". Many of us give free consultations. Best of luck to you.

You sound like a good candidate for a Chapter 7, but we would have to clear the fact that someone else is holding title to the car even though it is your car. Please consult with an experienced attorney in order to obtain a clear picture of your assets.

On its face it would appear a ch 7 is right for you. However there are other issues you want to address I have set forth below as they can affect that decision too.
You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also!
Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof!
Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too.
But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what.
Many great attorneys can be found right here on AVVO in your state so look, call, and meet one as soon as you can.
You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.

I agree that you are most likely looking at a Chapter 7. However, it is not clear from your question whether any portion of the $15,000.00 is student loan debt, which is non-dischargeable. Depending on how much you owe in actual, unsecured debt, you may not want to pay a lawyer for a Chapter 7 case that will only eliminate a small portion of that debt. However, an experienced lawyer in the field of student loan debt, for example, would be able to help negotiate with student loan collection companies.