You must have a steady source of income that can support the plan payment. If you understand that then you dont need a lawyer.

Answer Applies to: Arizona
Replied: 10/8/2011

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If you can put together a feasible plan and you are not beyond the chapter 13 debts limits and the appropriate time periods have passed since any previous bankruptcies, you may qualify. The easiest way to find out if you qualify for chapter 13 bankruptcy is to get a free consultation with an experienced chapter 13 bankrupty attorney.

Answer Applies to: Colorado
Replied: 10/7/2011

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To qualify for a chapter 13 bankruptcy, you must be an individual (partnerships and corporations do not qualify), your secured debts must be less than $1,081, 400, your unsecured debts must be less than $360,475, you must take a credit counseling course from someone approved by the U.S. Trustee (usually this is dome online), and you must have enough stable income to fund a chapter 13 plan.

Answer Applies to: Maryland
Replied: 10/7/2011

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My first response is to ask why you want to file under Ch 13 rather than Ch 7. Ch 7 is cheaper and over in six months or so. Ch 13 takes 35 years. Ch 13 is a very powerful tool to work with back tax debt and mortgage arrears. If you make too much money you are not eligible for Ch 7 and must file under Ch 13. To qualify for a Ch 13 you must have regular income, must not have filed a Ch 7 in the last four years or a Ch 13 in the last two years, and have total unsecured debt of $360000 or less.

Answer Applies to: Colorado
Replied: 10/7/2011

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Talk to your attorney. A Chapter 13 case is very difficult to pursue successfully if you have never done it before.

Answer Applies to: Colorado
Replied: 10/6/2011

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You see a lawyer with experience in Chapter 13 and ask him to crunch the numbers, and determine both if you can file, and also if you should, and then how to do that in a way that best helps you.

Answer Applies to: Georgia
Replied: 10/6/2011

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Chapter 13 bankruptcy is complex and the advice of an experienced bankruptcy attorney would help guide you through the process.

Answer Applies to: Indiana
Replied: 10/6/2011

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Consult with a competent lawyer who handles ch13 cases. Eligibility is a complicated subject and you have not disclosed any facts which would help me answer this question.

Answer Applies to: California
Replied: 10/6/2011

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To qualify for chapter 13, you need to have secured debt less than $1.1 million and unsecured debt less than $360,000. Another factor is an ability to fund the plan payments.

Answer Applies to: Colorado
Replied: 10/6/2011

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There are threshold criteria for eligibility for filing and discharge (e.g. the extent of one's debt and prior bankruptcy filings). However, the viability of a particular chapter 13 petition is a case-by-case determination.

Answer Applies to: California
Replied: 10/6/2011

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You talk to an attorney at his or her office and you take to the attorney information about your debts and income. The attorney will then tell you if you qualify and if Chapter 13 would be the best option for you.

Answer Applies to: California
Replied: 10/6/2011

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Your bankruptcy attorney can help you determine if your income and debts qualify you for a Chapter 13 through the "means test."

Answer Applies to: Massachusetts
Replied: 10/6/2011

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Most likely if you have the means to pay for your Plan payment, then you can pursue a Chapter 13 case. However, Chapter 13 is a very complicated area, and I highly recommend that you make an appointment with a bankruptcy attorney that offers free consultations in your area, such as I do here in Central Oregon.

Answer Applies to: Oregon
Replied: 10/6/2011

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You should consult an attorney to find out whether you qualify for chapter 13.

Answer Applies to: California
Replied: 10/6/2011

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Talk to a bankruptcy attorney. Usually the consultation is free, and the fact that you are asking that question, which depends upon a multitude of factors too numerous to go into here, demonstrates that you're not equipped to do this yourself. That is not a knock on you - Chapter 13s are complex.

Answer Applies to: California
Replied: 10/6/2011

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It is very easy to qualify for chapter 13 as all you need is steady income. Chapter 7 is more difficult as there are income limits.

Answer Applies to: California
Replied: 10/6/2011

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Its not that simple. Chapter 13 requires a plan (payment plan) which is based on your disposable income and ratio of unsecured debt. You need regular income to file Chpater 13.

Answer Applies to: New Jersey
Replied: 10/6/2011

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Only two areas as to being able to qualify for Chapter 13 apply to everyone. First, you have to be a human being (business do not qualify) and your secured debt cannot exceed $1,081,000 and your unsecured debt cannot exceed $360,475. Since Chapter 13 is much more complicated than Chapter 7, whether you qualify for Chapter 13 beyond this depends on your individual facts and circumstances. Your best choice is to consult with a bankruptcy attorney who has done at least 100 Chapter 13 cases so you know they have the experience in Chapter 13 cases and can do it properly and give you accurate advice.

Answer Applies to: California
Replied: 10/6/2011

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