Who is eligible to file under chapter 13?
March 28, 2008
Any natural person may file under chapter 13 if the person
- resides in, does business in, or owns property in the United States,
- has regular income,
- has unsecured debts of less than $250,000,
- has secured debts of less than $750,000,
- is not a stockbroker or a commodity broker, and
- has not been a debtor in another bankruptcy case that was dismissed within the last 180 days on certain technical grounds. A person meeting the above requirements may file under chapter 13 regardless of when he or she last filed a bankruptcy case or received a bankruptcy discharge. Corporations, partnerships and limited liability companies may not file under chapter 13.
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