Chapter 13 Bankruptcy

Chapter 13 Bankruptcy

Regular income individuals may seek an adjustment of debts under Chapter 13 Bankruptcy.

Even individuals operating an unincorporated business or self-employed, are eligible for chapter 13 bankruptcy relief as long as the individual's unsecured debts are less than $307,675 and secured debts are less than $922,975.



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A particular advantage of chapter 13 is that it provides individual debtors with an opportunity to save their homes from foreclosure by allowing them to make past due payments through a payment plan.

Fees that must be paid to the clerk of the court upon filing:

  • $235 case filing fee
  • $39 miscellaneous administrative fee
  • A discharge releases the debtor from all debts provided for by the plan or disallowed, with the exception of certain debts referenced in 11 U.S.C. § 1328.

    Debts not discharged in chapter 13:

  • certain long term obligations (such as a home mortgage)
  • debts for alimony and child support
  • certain taxes
  • debts for most government funded or guaranteed educational loans or benefit overpayments
  • debts for death or personal injury caused by the debtor's operation of a motor vehicle while under the influence of alcohol or other substances
  • debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime.


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