Chapter 13 Bankruptcy Eligibility

In order to file for Chapter 13 bankruptcy, a person must meet several eligibility requirements and complete certain steps. 

First, the individual must have less than $360,475 in unsecured debt and less than $1,081,400 in secured debt.  Unsecured debt is not tied to property.  An example would be credit card debt.  Secured debt is tied to property such as a house or a vehicle.

Second, the individual must not have filed a bankruptcy petition that was dismissed within the past 180 days. 

Third, the individual must complete credit counseling 180 days before filing his or her bankruptcy petition.  The credit counselor must be approved of by the U.S. Bankruptcy Court.

Finally, the individual must submit a repayment plan that is approved by the U.S. bankruptcy court.

Do you have questions about Chapter 13 and your eligibility?  If so, contact our legal team now to speak with a Chicago bankruptcy lawyer that can lend insight.