You will need to pay into a monthly payment plan for 3-5years.

Answer Applies to: Washington
Replied: 1/19/2012

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Who is eligible to file chapter 13 bankruptcy is listed in section 109 of the bankruptcy code. You probably should consult with an attorney. Many bankruptcy attorneys offer free consultation.

Answer Applies to: California
Replied: 12/2/2011

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Filing Chapter 13 without an attorney is one of the hardest things to do. Remember, bankruptcy is a legal process. You can review the forms and requirements at this site: http://www.cob.uscourts.gov/forms.asp

Answer Applies to: Colorado
Replied: 12/2/2011

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Ch13 is a little complicated.I suggest you consult with a lawyer. Books are written of the subject of eligibility and how to do it right. Even if you manage to complete the paper work and get a case confirmed, there is no guarantee you calculated the appropriate payment. The judge certainly is not going to tell you you are overpaying.

Answer Applies to: California
Replied: 12/2/2011

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There is a bunch of stuff that has to be done before you file. You must qualify. You must have a regular source of income and the income must be sufficient to meet your monthly obligations such as housing, utilities, food, car insurance, medical expenses, etc. and still have money left over. The money that is left over is what is used to pay your creditors through the Chapter 13 reorganization.

Answer Applies to: Texas
Replied: 12/2/2011

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Filing a chapter 13 bankruptcy on your own without legal representation is not advisable. Most pro se chapter 13 cases are dismissed for technical errors. Additionally, hiring an attorney may save you money because our goal is to get your chapter 13 payment as low as possible. The filing requirements for a chapter 13 are immense.

Answer Applies to: Colorado
Replied: 12/2/2011

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Don't even think of filing a Chapter 13 without an attorney. Its just too complicated and many of the rules are unwritten conventions of the various Ch 13 trustees, counsel for the trustees, BK court judges and U.S. Trustee. That said, the forms are probably available on your local BK court web-page.

Answer Applies to: Colorado
Replied: 12/2/2011

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To file for chapter 13, there are a few requirements: You have to complete a pre-bankruptcy credit counseling course. The length of your plan ( either 36 or 60 months) will be determined by your household size and current monthly income. You must have fairly consistent income to file chapter 13 because it is a repayment plan and you have to prove that you can make the payments in your plan. Every bankruptcy debtor, additionally, has to provide pay stubs from the last six months and tax returns from the last four years. If you can meet all of the above requirements, you are well on your way to being a great chapter 13 candidate.

Answer Applies to: Illinois
Replied: 12/2/2011

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You have to have a regular source of income that is sufficient to meet your living expenses, plus make a monthly debt consolidation payment of some kind to your creditors. Your eligibility for a discharge in the Chapter 13 case will depend on whether you have filed a previous bankruptcy within certain time limits.

Answer Applies to: Minnesota
Replied: 12/2/2011

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You are eligible as long as you have a steady income.

Answer Applies to: Michigan
Replied: 12/2/2011

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You can see that actual paperwork you would need to file on the bankruptcy court website. As far as the requirements, there are too many to name, so you may want to buy a book or research online to see or speak to a local attorney. Very few debtors get approved for a chapter 13 representing themselves.

Answer Applies to: New York
Replied: 12/2/2011

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In order to file a Chapter 13 Plan of Reorganization you must have a steady source of income and meet certain limits pertaining to both secured and unsecured debt. You can find all the qualifications on the website maintained by your local Bankruptcy Court or at the US Trustee site.

Answer Applies to: Illinois
Replied: 12/2/2011

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The basic requirements to file for a Chapter 13 bankruptcy are a steady source of income and debt that is less than the secured and unsecured debt limits. You should speak with an experienced attorney. It is almost impossible to successfully navigate the Chapter 13 process if you have never done it before. Additionally, because the costs can be paid through the Chapter 13 plan, you can spread out most of the cost of filng over 3-5 years and file with very little down. It would be irresponsible to consider filing a Chapter 13 case without the help of an experienced attorney.

Answer Applies to: Colorado
Replied: 12/2/2011

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There are limits to the amount of debt you can have and file for Chapter 13. Provided you are not above the debt limit and you meet the residency requirement for the jurisdiction in which you wish to file, the question you should look to answer is whether or not it makes since for you to file for Chapter 13 and whether the filing is in your best interest. I recommend that you sit down with an attorney who is experienced with Bankruptcy and consumer credit issues. Depending upon your specific situation, it may very well make since for you to seek the protection of the Bankruptcy Court and reorganize your debts. Please understand that there are other options and your specific financial situation could be such that it makes more since to negotiate directly with your creditors and seek to reorganize outside of a Bankruptcy. The best way to work through this is to engage good counsel and look at all your options. Most attorneys including myself offer a complimentary consultation at which time your individual situation can be explored. Go talk to a small firm or solo practitioner with a good reputation. You will get more personal attention and ultimately better advice. Stay away from those big mill type consumer Bankruptcy firms who boast about the number of Bankruptcy cases they have filed. They will try to convince you to file a case even if it is not in your best interest.

Answer Applies to: Georgia
Replied: 12/1/2011

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First of all, do NOT file pro se. Let me stress that. Pro se Chapter 13s almost always fail and can be catastrophic to your future. See a lawyer. It will cost you almost nothing to evaluate your eligibility.

Answer Applies to: Georgia
Replied: 12/1/2011

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Yes, the US DOJ website. But I highly recommend that you hire an attorney, the dismissal rate of pro se chapter 13 cases is high, more than 95% high, because it is very complicated and a lot of debtors get it wrong. For example Miami-Dade just confirmed its first pro se chapter 13 case in 5 years.

Answer Applies to: Florida
Replied: 12/1/2011

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