Chapter 13 Bankruptcy Eligibility

Ohio Bankruptcy Lawyers: Cupps & Garrison, LLC.

In order to be eligible to file a Chapter 13 in Columbus, there are certain conditions that must be met:

1) You must be an individual or a couple—a corporation or partnership cannot file under Chapter 13, but the sole proprietor of a business may.

2) You must have secured debts less than $1,010,650 and unsecured debts less than $336,900.  (These debt limits apply to cases filed on or after April 1, 2007; the amounts are adjusted periodically to reflect changes in the consumer price index.) 

A debt is secured if the lender has a security interest in the borrower’s property; for example, a mortgage is secured by real estate, a car loan is secured by the vehicle. 

A debt is unsecured if the lender has no such interest in property; signature loans, medical debts, and credit cards are all examples of unsecured debts.

3) You (or your spouse) must have regular income.

4) You must have taken a credit counseling course from an approved non-profit credit counseling agency within 180 days prior to filing your bankruptcy petition.

In addition, if you had a prior bankruptcy case dismissed because you failed to appear before the court or comply with court orders, you are not eligible to be a debtor under Chapter 13 for at least 180 days.

If your Chapter 13 case is dismissed because you were not eligible for relief under Chapter 13, the court will not refund your filing fee. 

This is why it’s very important to speak with an experienced Ohio bankruptcy law firm for an evaluation of your situation, including which type of bankruptcy case best suits your personal circumstances.

Cupps & Garrison, LLC
35 East Gay Street, Suite 402
Columbus, OH 43215
Phone: 614-441-8603

Ohio Bankruptcy Attorney: Cupps & Garrison, LLC.

In order to be eligible to file a Chapter 13 bankruptcy in Columbus, there are certain conditions that must be met.  You must be an individual or a couple—a corporation or partnership cannot file under…

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