Chapter 13 Bankruptcy Advice
1.Any person, regardless if self-employed or operating an unincorporated business, is entitled to chapter 13 relief given the individual’s unsecured debts are not as much as $360,475 and secured debts are not as much as$1,081,400. 11 U.S.C. - 109(e). These amounts are altered periodically to reflect fluctuations in the consumer price index. A corporation or partnership probably are not a chapter 13 debtor. Id.
Somebody cannot file under chapter 13 or any other chapter if, through the preceding 180 days, a previous bankruptcy petition was dismissed because of the debtor’s willful incapacityto show up before the court or adhere to orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. — 109(g), 362(d) and (e). Also, no individual will be a debtor under chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit guidance agency either in an individual or group briefing. 11 U.S.C. — 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan
2.A chapter 13 case begins by filing a petition with the bankruptcy court serving the area where the debtor has a domicile or residence. Unless the legal court orders otherwise, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a schedule of executory contracts and unexpired leases; and (4) a statement of financial affairs. Fed. R. Bankr. P. 1007(b). The debtor must also file a certificate of consumer credit counseling in addition to a copy of any debt repayment plan developed through credit counseling; proof of payment from employers, if any, received 60 days before filing; a statement of monthly net revenue and any anticipatedenhancement in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. 11 U.S.C. - 521. The debtor must provide the chapter 13 case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began). Id. A couple may file a combined application or individual applications. 11 U.S.C. - 302(a). (The Official Forms may be purchased at legal stationery stores or downloaded from the Internet at www.uscourts.gov/bkforms/index.html. They are not available from the court.)
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