While most individuals are better off filing a Chapter 7 instead of Chapter 13, there are certain situations where Chapter 13 is better. Such situations include but are not limited to saving a house from foreclosure, removing junior mortgages on a residence, restructuring vehicle loans, restructing payments on nondischargeable debts such as taxes/student loans/support obligations, inability to file for Chapter 7 due to a previous filing with the past 8 years, etc.
The qualifications to file for Chapter 13 are generally as follows:
- You must have regular income.
- You fulfilled the credit counseling requirement.
- Your total combined secured and unsecured debt cannot exceed $2,750,000.
- You must be current on tax filings.
- You cannot have filed for Chapter 13 bankruptcy in the past two years or Chapter 7 bankruptcy in the past four years.
- You are not a business entity.
- In the past 180 days you had a previous bankruptcy that was dismissed after a relief of stay action or you violated a previous court order.
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Written by Michael G. Doan– Owner of the Oceanside Bankruptcy office, Michael is a highly skilled Southern California Bankruptcy Attorney Specialist approaching 30 years of experience. Throughout the years he has practiced in numerous fields of law including but not limited to: personal injury, landlord-tenant, workers compensation, insolvency, bankruptcy, consumer rights, debt negotiation, creditor collection abuse, estate planning, contracts, real estate, and tax. Currently, Michael is solely concentrating in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification.