Who Should File Chapter 13 Bankruptcy?

Are You a Good Candidate for Chapter 13 Bankruptcy?

Generally, there are 5 situations where a person should seriously consider filing Chapter 13 Bankruptcy:

  1. The person needs relief from overwhelming debt and does not qualify for Chapter 7
  2. The person is facing foreclosure of a home or repossession because the that the person cannot get caught up and is at risk of losing the property through a repossession or foreclosure
  3. The person owes non-dischargeable debts and needs bankruptcy to restructure that person's finances so that cash is available to pay the debt off within 5 years
  4. The person is tired of fighting with creditors every month and believes that their debts will not get under control anytime in the near future
  5. The person is facing lawsuits, garnishments, and bank levies by creditors and can't negotiate a settlement that fits the person's budget alon with the person's other debts

To learn more about the Chapter 13 process, click here. To learn more about what Chapter 13 can do for you, click here.


Who Can File Chapter 13?

Only individuals may file Chapter 13. Partnerships, corporations and other business entities may not file Chapter 13. However, an individual may not file under Chapter 13, or any other chapter, if during the preceding 180 days a prior bankruptcy case was dismissed due to the debtor's willfull failure to appear before the court or comply with orders of the court, or if the debtor voluntarily dismissed a previous case after creditors sought relief from the bankruptcy court to recover property. To learn more about qualifying for Chapter 13, click here.

If You Have More Questions


Please contact us if you have more questions or are ready to move forward and start the process of becoming debt-free. Remember, we are here to help you resolve your debt problems, so call us now!

(949) 863-9511