1.Somebody, even when self-employed or operating an unincorporated business, is eligible for chapter 13 relief on condition that the individual’s unsecured debts are lower than $360,475 and secured debts are not up to$1,081,400. 11 U.S.C. – 109(e). These amounts are regulated periodically to reflect adjustments in the consumer price index. A corporation or partnership probably are not a chapter 13 debtor. Id.
Somebody cannot file under chapter 13 or any chapter if, through the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor’s willful incapabilityto show up before the court or follow 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). Moreover, no individual can be a debtor under chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received consumer credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. — 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined there are insufficient approved agencies to provide the required counseling. If a debt management plan
2.A chapter 13 case begins by filing a petition with the bankruptcy court serving the area where the debtor has a domicile or residence. Unless the court orders otherwise, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a schedule of executory contracts and unexpired leases; and (4) a statement of financial affairs. Fed. R. Bankr. P. 1007(b). The debtor must also file a certificate of credit advice along with a copy of any debt repayment plan developed through consumer credit counseling; proof of payment from employers, if any, received 60 days before filing; a statement of monthly net revenue and any anticipatedboost in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. 11 U.S.C. – 521. The debtor must provide the chapter 13 case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began). Id. A husband and wife may file a combined petition or separate applications. 11 U.S.C. – 302(a). (The Official Forms may be purchased at legal stationery stores or downloaded from the Internet at www.uscourts.gov/bkforms/index.html. They are not available from the court.)
For help with an Athens GA chapter 13, select an Athens Georgia bankruptcy law firm. A bankruptcy lawyer Athens Georgia could give you the help you need.