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Why can’t everyone avail the benefits of chapter 13 bankruptcy?

December 16th, 2009 by bankruptcy


Chapter 13 bankruptcy Eligibility criteriaAny Tom, Dick and Harry who is not able to repay the debts cannot file for chapter 13 bankruptcy. Some of the eligibility criteria to file for chapter 13 are as follows:

  • Any business even if it is sole proprietorship is not eligible for filing chapter 13 bankruptcy. Only the debts, that are linked to the business and that the owner is personally responsible for, can be included for filing chapter 13 bankruptcy.
  • The personal bankruptcy of commodity brokers and stockbrokers cannot be included for filing chapter 13 bankruptcies.
  • If the secured debts are more than $1,010,650, the debtor cannot file for chapter 13. Home loans and the filing of lien by the IRS are the examples of secured debts
  • If the unsecured debts are more than $336,900, the debtor cannot file for chapter 13. Some prominent examples of unsecured debts are medical bills, back utility bills, card debts, legal bills, and charges of the department store.
  • To prove one’s eligibility for filing chapter 13 bankruptcies, one has to exhibit sufficient income after deducting some expenses and payments to service the secured debts, to do the necessary repayments.
  • One must submit the proof of filing the state and federal income tax returns for a minimum duration of 4 years before the date of filing the bankruptcy. The filing of chapter 13 can be rejected if the applicant is not current on Income Tax Filings or has not submitted any proof of being regular at tax payment.

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Do you fit in the above mentioned eligibility criteria? If yes than file for chapter 13 bankruptcy

The chapter 13 bankruptcy plan can be funded through the following sources of income:

  • Income through self employment
  • Benefits through social security
  • Freelance commissions
  • Benefits on account of Worker’s compensation
  • Public benefits
  • Alimony in case of divorce
  • Royalties
  • Regular salary or wages
  • Pension payment
  • Seasonal work wages
  • Disability benefits
  • Benefits due to unemployment and strike
  • Child support benefits
  • Rent
  • Profits due to selling of property
  • A working spouse could also be the source of funds

The best bankruptcy advice can be got from bankruptcy attorneys and bankruptcy lawyers. We take pride in having association with the top most experienced bankruptcy attorneys. The chapter 13 bankruptcy filing can include the personal bankruptcy. The credit card bankruptcy and the medical bankruptcy form the major part of the personal bankruptcy.

If you want still more information about chapter 13 bankruptcy and interested in availing our services, apply now

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This entry was posted on Wednesday, December 16th, 2009 at 10:13 pm and is filed under bankruptcy. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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