Minimum income

[feemama]

Is ther a minimum income level to be able to file ch 13. The attorney my mom went to see said she doesn't make enough to file a 13. Does that sound right? She doesn't qualify for a 7 for two years since she already filed when she was married.

[optimistic1]

There is not a income stipulation to file a 13, but, you must have enough money to be able to fund a plan, and that can get tricky, depending on what debts you owe, and what assets you have.

Tell her to go see more than just one attorney, in my experience, I have seen some that should have their license revoked.

[liz417]

I agree with optimistic1, have you Mom make a few more free consultations with experienced BK attorneys. I consulted 6 before I retain one. Your Mom needs to be able to "fund a ch 13" plan.

[Billssuck]

I believe you have to have at least $100-$166 of disposal monthly income (DMI) to be able to fund a chapter 13. We really didn't but we had to make our expenses work to make a ch13 happen and have our DMI in this range. We had 3 other reasons why we needed to file a 13 versus a 7: An adult son at home that could be litigated in a ch7 for family size, a large monthly mortgage payment that would be forced to go to a higher level trustee for approval, and our median income was just $800 under the median amount for a year. I agree with others, get some more free consults with other attorneys to find out more about the income issue.

[HHM]

You have to be able to fund the plan. You can only fudge the numbers so much, if you have a $1,000 mortgage, and your income is $1,500 per month with no reasonable prospect of higher income, you can see dozen attorney's and none of them is going to put you into a chapter 13.

Aside from the prior chapter 7, is there any other reason she needs to file BK now, or file a chapter 13?