Who Can File A Chapter 13 Bankruptcy?

Chapter 13 bankruptcy relief is only available to individuals. A business cannot file for Chapter 13 protection. Additionally, the individual must have a domicile, business or other property within the United States. The individual also must have regular income.

There are also certain debt limits with respect to secured and unsecured debts. If those debt limits are exceeded, the individual will not be permitted to file for Chapter 13 and may elect to file under Chapter 11 of the U.S. Bankruptcy Code.

Lastly, the individual must not have been barred from filing or must not have had a prior case dismissed for cause within 180 days of the current filing.