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Do I Qualify for a Chapter 13
Arizona Chapter 13 Bankruptcy Attorney: Do I qualify for Chapter 13?
Do I qualify for Chapter 13 is a question a number of people ask. You may qualify as an Arizona Chapter 13 bankruptcy if you meet the criteria listed in 11 U.S.C. 109. Click here to read the text of 11 U.S.C. 109.
- You must be a human being and not an entity like a corporation or LLC.
- You must have regular income
- On date of filing, unsecured debts less than $250,000, noncontingent and liquidated (amount changes with inflation and is currently higher than amount in statute)
- On date of filing, secured debts less than $750,000, noncontingent and liquidated (amount changes with inflation and is currently higher than amount in statute)
- You must complete an accredited credit counseling class within 180 days of filing bankruptcy
- You cannot be a stock or commodity broker
- You do not have a prior chapter 7 or 11 bankruptcy discharge within four (4) years
- You do not have a prior chapter 13 bankruptcy discharge within two (2) years
A debtor cannot refile a bankruptcy if the Debtor did any of the following within 180 days of prior bankruptcy filing:
- The case was dismissed due to a willful failure of the Debtor to abide by orders of the court
- The case was dismissed due to a willful failure to appear before the Court in the proper prosecution of a case
- A Debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay under 11 U.S.C. 362.
If you meet these qualifications, then you will be able to file a chapter 13 bankruptcy.
The big question is, “What is the benefit of a Chapter 13?”
- Click here to read about the benefits an Arizona Chapter 13 Bankruptcy.
- Click here to learn about the how Chapter 13 is different than a debt consolidation.
I look foward to assisting your family and/or business through the process. Call for a free consultation: 480-464-4667.