Q

Who is eligible for relief under chapter 13 of the Bankruptcy Code?

A

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 dollar cap set forth in section 109(e) of the Bankruptcy Code;

• has secured debts of less than dollar cap set forth in section 109(e) of the Bankruptcy Code;

• 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 for relief under chapter 13.