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Who qualifies for a Chapter 13 Bankruptcy?

June 29, 2022

By Diane Drain Attorney & Retired Law Professor

To file a chapter 13 bankruptcy, you must first:

•Before filing complete the Credit Counseling for Consumers Class.
•Have sufficient regular income to meet monthly living expenses allowed by the chapter 13 Trustee, as allowed by the IRS and make a plan payment. [§109(e), §101(30)] •Have less than a certain amount of unsecured debt, and secured debt. [§109(e)].
•Not be a corporation, partnership, stockbroker, or commodity broker. [§109(e), §101(30)]

You can file Chapter 13 and get a discharge if you haven’t had a discharge in a 7, 11, or 12 in the four years before to filing the new chapter 13, or another chapter 13 in the recent two years, but this is something you should address with your attorney. (§1328(f)

A liquidated debt is one in which the amount owed by the debtor is known or easily calculated. A loan, for example, is a liquidated obligation; the damages owed in an auto accident, on the other hand, are normally unliquidated until a judgment is entered.

A common method is to file Chapter 7 to discharge those debts that are dischargeable, then file Chapter 13 to settle those debts that were not dismissed in Chapter 7 or that could not be dealt with in a Chapter 7 (such as paying arrears on houses, etc…).

By |Published On: June 29th, 2022|Last Updated: July 28th, 2022|

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About the Author: Diane Drain

Diane L. Drain - Bankruptcy LawyerDiane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.

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