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Will I be eligible to file for Chapter 13?

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    Will I be eligible to file for Chapter 13?

    I had a Chapter 7 discharged in July 2013, and was recently laid off work. Will I be able to file a Chapter 13 with my 401K savings as collateral? If not, will the court accept a payment plan from someone who has been at a job for less than 6 months?

    #2
    A Chapter 13 only requires regular income. They don't look at how long you have held your current job. There really are no "credit" qualifications for going into a Chapter 13 except for the regular income. (There are some debt limits, but they are significant so unless you owe > $390K in unsecured debt and/or $1,2M in secured debt, it's not an issue.)

    You don't need collateral. Your 401(k) is actually "exempt" from process (creditors or the bankruptcy court).
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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