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Who Can File

Chapter 7 vs. 13
Who Can File
Why Chapter 13
Plan Requirements
How it Works
Debt Consolidation
Where to file
Chapter 13 Fees
Your Attorney's Role
Fair Attorney Fee
Trustee Fees
Your Case Number
Creditor Approval
Advice from Friends
Your Attorney
The Trustee
341 Meeting
Conversion
Effect on Lawsuits
Automatic Stay
Claim Discrimination
Student Loans
Self Employed
Unemployed
How Long?
How Much?
Plan Payments
Payment Problems

Who can file a Chapter 13 bankruptcy petition? 

Chapter 13 is for individuals only.  Corporations and partnerships may not file a Chapter 13 petition.  As in Chapter 7, you must have a place of residence, a place of business, or property in the U.S. in order to file.  In addition, you must have some source of income and, on the date the petition is filed, owe less than $307,675 in unsecured debt and less than $922,975 in secured debt.  This amount is adjusted for inflation every three years.  The next adjustment is scheduled for April, 2007.

For more information about bankruptcy, please call us at 408-294-6100, or e-mail us via info@sjconsumerlaw.com.  One of our attorneys will be able to answer any questions which you may have in greater detail.  Please remember that the foregoing information is of a general nature, and does not constitute legal advice.  The facts of each situation are unique, and we must discuss those facts with you before any advice can be given.

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Revised
March 03, 2005

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