He should have gone for chapter 7 that's a given But then, it depends on his personal situation, there are cases in which you can't https://www.findlaw.com/bankruptcy/chapter-7/pros-and-cons-of-declaring-bankruptcy-under-chapter-7.html Disadvantages of Chapter 7 A Chapter 7 bankruptcy can remain on your credit report for up to 10 years You'll lose property that you own that is not exempt from sale by the bankruptcy trustee. You may lose some of your luxury possessions. You'll lose all your credit cards Bankruptcy will make it nearly impossible to get a mortgage if you don't already have one Declaring bankruptcy now might make it harder to do later if something worse comes along. For instance, if you complete the bankruptcy process under Chapter 7, you can't file for another Chapter 7 bankruptcy for six years. The six years is counted from the date you last filed for bankruptcy. Bankruptcy won't relieve you of your obligations to pay alimony and/or child support Bankruptcy won't get rid of your student loan debt You can't file for Chapter 7 bankruptcy if you previously went through bankruptcy proceedings under Chapter 7 or Chapter 13 within the last six years. You may still be obligated to pay some of your debts, such as a mortgage lien, even after completing bankruptcy proceedings. If you file for Chapter 7 relief, but you have a certain amount of disposable income, the bankruptcy court could convert your Chapter 7 case to a Chapter 13, thus changing your plan to be free from most debts within four to six months, to a plan requiring you to repay your debts over the course of three to five years. ... He would have been unable to qualify for chapter 13 though, since it requires having less than $340000 of unsecured debt