Chapter 13 Eligibility

Any individual, even if self-employed or operating an unincorporated business, is eligible for Chapter 13 relief as long as the individual's unsecured debts are less than $307,675 and secured debts are less than $922,975 (11 U.S.C. § 109(e)). These amounts are adjusted periodically to reflect changes in the consumer price index.  A corporation, or partnership, may not be a Chapter 13 debtor. Id.

An individual cannot file under Chapter 13, or any other chapter, if during the preceding one hundred eighty (180) days a prior Bankruptcy Petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens (11 U.S.C. §§ 109(g), 362(d) and (e)).  In addition, no individual may be a debtor under Chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within one hundred eighty (180) days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing (11 U.S.C. §§ 109, 111).  There are exceptions in emergency situations, or where the U.S. Trustee (or Bankruptcy Administrator) has determined that there are insufficient approved agencies to provide the required counseling.  If a debt management plan is developed during required credit counseling, it must be filed with the court.

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