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Background
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 threeyear
period, during which time creditors
are prohibited from starting or
continuing collection efforts. A plan
providing for payments 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 longer than five years.
11 U.S.C. § 1322(d).
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Any individual, even if self-employed
or operating an unincorporated business,
is eligible for chapter 13 relief as
long as the individual's unsecured debts
are less than $269,250 and secured
debts are less than $807,750. 11 U.S.C.
§ 109(e). A corporation or partnership
may not be a chapter 13 debtor. Id.
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.
11 U.S.C. §§ 109(g), 362(d) and (e).
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