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Thursday, 03 May 2018 20:29

Chapter 13 Eligibility

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Nothing can be more frustrating to a person who needs to restructure their personal finances than their inability to work with the creditors they owe. More often than not, the creditors want far more per month than they can afford. That is when seeking the advice of attorney Chris Bush becomes so necessary.

When a client wishes to pay their creditors back, I help them arrive at a monthly payment they can afford. I use the Chapter 13 Bankruptcy process to accomplish this. I look at all their reasonable expenses and all their income, and assist them with developing a solid payment plan that they can fit into their household budget. That is the disposable income that can be used to fund a monthly Chapter 13 plan.

Not everyone is eligible to be in a Chapter 7 Bankruptcy because of their income, or their net worth. This will make them ineligible for a Chapter 7, and leave them with no other alternative but to be in a Chapter 13 repayment plan.

Not everyone can be in a Chapter 13 Plan because there are limitations to the amount of money that is owed. These debt limitation are spelled out in the Bankruptcy Code at 11 USC 109(e), Chapter 13 Eligibility.

At first glance, the limits seem beyond any limitation a typical person contemplating a Chapter 13. We often see the amount of Student Loan Debt, coupled with all the other unsecured debt, may go beyond these limits. Read more here about Student Loans.

Recent Trend

I have been following the developments in this area. There are two recent cases that have been decided which ease the Chapter 13 debt limitation if there is substantial student loan debt. One Judge out of Illinois issued a ruling indicating that there should not be any debt limit where the vast majority of unsecured debt is student loans.

A second judge ruled the exact same way just a few months later.

This issue has yet to be decided in the 9th Circuit, so we can only wait and see how the Judges in the Southern District of California would view this issue. Of the leading cases involving somewhat similar facts, albeit not student loans, these Courts ruled that Chapter 13 eligibility may very well be a moving target.


Are you interested in learning how this amendment could affect your student loan status? Call (619) 295-3322 to schedule your free initial consultation with Chris Bush today.

Student Loan Lawyer | Chris Bush
We have a new sister website dedicated to Student Loan Debt Resolution. Please visit San Diego Student Loan Lawyer for more information regarding options for management and settlement of your student loan debt.

Read 1260 times Last modified on Friday, 06 December 2019 19:43
Chris Bush

With over 12 years of experience and thousands of cases as a consumer bankruptcy attorney, Chris Bush is on the cutting edge of Bankruptcy and Student Loan Law. Chris can assist you in untangling the options to find the best solution for your specific debt relief case.