CHAPTER
13 ADJUSTMENT OF DEBTS
Chapter 13 is designed for individuals with regular income who desire
to pay their debts but are currently unable to do so. The purpose of
chapter 13 is to enable financially distressed individual debtors, under
court supervision and protection, to propose and carry out a repayment
plan under which creditors are paid over an extended period of time.
Under this chapter, debtors are permitted to repay creditors, in full or
in part, in installments over a three-year period, during which time
creditors are prohibited from starting or continuing collection efforts.
A plan providing for payment over more than three years must be
"for cause" and be approved by the court. In no case may a
plan provide for payments over a period that is more than five years.
Any individual, even self employed or operating an unincorporated
business, is eligible for chapter 13 relief as long as the individual's
unsecured debts are less than $290,525 and secured debts are less than
$871,550. A corporation or partnership may not be a chapter 13 debtor.
An individual cannot file under chapter 13 or any other chapter if,
during the preceding 180 days, a prior bankruptcy petition was dismissed
due to the debtor's willful failure to appear before the court or comply
with orders of the court, or was voluntarily dismissed after creditors
sought relief from the bankruptcy court to recover property upon which
they hold liens.