{"id":286928,"date":"2016-04-04T10:41:50","date_gmt":"2016-04-04T15:41:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/bankruptcy\/chapter-13\/who-can-file-for-chapter-13-bankruptcy.html"},"modified":"2025-08-04T13:44:26","modified_gmt":"2025-08-04T18:44:26","slug":"who-can-file-for-chapter-13-bankruptcy","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/bankruptcy\/chapter-13\/who-can-file-for-chapter-13-bankruptcy.html","title":{"rendered":"Who Can File for Chapter 13 Bankruptcy?"},"content":{"rendered":"\n
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Who Can File for Chapter 13 Bankruptcy?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A Chapter 13 bankruptcy is sometimes called a \u201creorganization.” Unlike a Chapter 7 bankruptcy, a Chapter 13 allows debtors to keep their property and instead pay off their creditors with a court-approved monthly repayment plan. Both types of bankruptcy are forms of judicial debt relief.<\/p>\n\n <\/div>\n\n\n\n

For a\u00a0Chapter 7 bankruptcy<\/a>, debtors must pass a\u00a0means test<\/a>\u00a0and can only file if their incomes are below a certain amount. Corporate entities cannot file\u00a0Chapter 13 bankruptcies<\/a>. They must file\u00a0Chapter 11 bankruptcy<\/a>, a type of corporate restructuring that leaves business operations intact while the company and trustees work out the debts. A debtor must meet Chapter 13 requirements to file for bankruptcy under this chapter. If the debtor cannot meet all requirements, the judge may require them to file a Chapter 7 instead.<\/p>\n

Requirements for Chapter 13 Bankruptcy<\/strong><\/h2>\n

Debtors must meet all the eligibility requirements of the\u00a0U.S. Bankruptcy Code<\/a>\u00a0to file Chapter 13 bankruptcies and make a\u00a0monthly payment plan<\/a>. The judge must approve the repayment plan and appoint a bankruptcy trustee before the process is complete.<\/p>\n

You Must Be an Individual<\/strong><\/h3>\n

Only individuals and those filing jointly as spouses can file for Chapter 13 bankruptcy. Corporations and\u00a0limited liability companies (LLC)<\/a>\u00a0are ineligible for Chapter 13. Business owners can’t file in the name of the business, but\u00a0sole proprietors<\/a>\u00a0and members of partnerships can file bankruptcy for their personal debts. Stockbrokers and commodity brokers are ineligible for Chapter 13.<\/p>\n

You Have No Recent Bankruptcies<\/strong><\/h3>\n

You cannot file a Chapter 13 if you filed a Chapter 13 bankruptcy within the last two years or a Chapter 7 within the last four years.<\/p>\n

You Have No Recent Bankruptcy Dismissals<\/strong><\/h3>\n

A debtor cannot file any bankruptcy petition for at least\u00a0180 days after a previous dismissal if the the reason for the dismissal was:<\/p>\n