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- Am I eligible for a Chapter 13 bankruptcy?
- The filer must be an individual and cannot file as a business or corporate entity. Married couples may file as a joint petitioner, listing all marital income, assets and debts. All assets and debts accrued by one or the other spouse, during the course of the marriage will be treated by the courts as marital assets or liability. If you are considering filing for divorce, it may be to your advantage to wait until your marital debts are divided in your final divorce judgment, before filing Chapter 13 bankruptcy.
- You must be able to meet the monthly terms of the supervised debt repayment plan. The repayment schedule is typically from three to five years, depending upon your income level. This typically means showing that you have a regular household income greater than your reasonable living expenses.
- Your unsecured debts cannot total more than $337,000 and secured debts cannot exceed $1,010,000. I think these amounts have been adjusted.
- You cannot have had any debt discharged under Chapter 7 bankruptcy within the previous four years of filing Chapter 13.Under the U.S. Bankruptcy Code, nearly any individual is eligible to file for Chapter 13 bankruptcy in the U.S. Bankruptcy Court.
Eligibility requirements for filing Chapter 13 in Florida include:
Under the rules of Chapter 13 bankruptcy, you are entitled to list all secured and unsecured debt, including student loans, IRS tax workouts and medical bills. There are significant advantages to a court-supervised Chapter 13 plan, which many people overlook when they are considering bankruptcy. Under Chapter 13, you can get a significant amount of debt discharged upon completion of your three or five year debt payback plan.
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Get the straight facts about Chapter 13 bankruptcy. Contact a Brandon Chapter 13 eligibility lawyer at The Golden Law Group to schedule a free initial consultation. Offices are conveniently located in Brandon and Bradenton, Florida. The firm represents clients in communities throughout Manatee County, Hillsborough County and Sarasota County, Florida.