Eligibility for Chapter 13
To file chapter 13 you must be:
A liquidated debt is one where the amount the debtor owes is known, or capable of easy calculation. For example, a loan is a liquidated debt; in contrast, the damages owing in an auto accident are usually unliquidated until judgment is entered.
- an individual (no corporations or partnerships)
- have a regular income greater than your reasonable living expenses
- have liquidated, unsecured debts not exceeding $336,900 and secured debts not exceeding $1,010,650
Eligibility for Discharge
A “discharge” is a legal bar to the collection of debt. Even though you may be eligible to file a case, you may NOT be eligible for a discharge if you have previously filed a bankruptcy case. You are eligible for a Chapter 7 discharge every 8 years. If you filed a previous Chapter 7 case, then you can get a Chapter 13 bankruptcy discharge, if it occurred more than 4 years prior to the filing of your new Chapter 13 case. If you filed a previous Chapter 13 case, then under the amended Bankruptcy Code, you can file a second Chapter 13 within two years of the filing of the previous Chapter 13.
Dana A. Ehrlich
These concepts may be explained by Dana A. Ehrlich, a bankruptcy specialist who lives and works in San Angelo, Texas. He has lived in the Concho Valley and San Angelo, Tom Green County for many years. His practice is primarily consumer bankruptcy law and he is a board certified bankruptcy specialist for Chapter 7 and Chapter 13. He may be reached at 325-655-5351 or at email@example.com.