Who can file a Chapter 13 bankruptcy?
One must reside or have a domicile, a place of business, or property in the United States; one must not have had a bankruptcy filing dismissed for cause within the last 180 days; you must have a regular income; and your total debts cannot exceed certain amounts. These numbers change and the current limits can be obtained from your attorney.
Only individuals may file under Chapter 13. You must reside or have a domicile, a place of business, or property in the United States or a municipality. You must not have had a bankruptcy filing dismissed for cause within the last 180 days. You must have a regular income. For cases filed between April 1, 2007 and March 31, 2010, your debts cannot exceed $1,010,650 in secured debt or $336,900 in unsecured debt. If your case was not filed during this period, you should consult with your attorney to determine what the applicable dollar amounts are. You must have completed an approved credit counseling briefing course within the 180 days prior to filing the petition. See Question 6 for more information regarding credit counseling.
You must reside or have a domicile, a place of business, or property in the United States; you must not have had a bankruptcy filing dismissed for cause within the last 180 days; you must have a regular income; and your total debts cannot exceed $1,446,550 (secured debts cannot exceed $1,010,650 and unsecured debt cannot exceed $336,900).
