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Eligibility to File for Chapter 13

Learn the requirements for an individual to be a chapter 13 debtor, including the need for regular income.


Broadly speaking, in chapter 13, the debtor remains in possession of all estate property, exempt or otherwise. In exchange for this accommodation, the debtor must obtain the court’s approval of a plan of debt adjustment. The plan must call upon the debtor to submit, for a predetermined time, all statutorily determined projected disposable income to a standing trustee for distribution to creditors. With rare exceptions, only upon completing all payments and otherwise fully complying with the...