BankruptcyIS CHAPTER 13 BANKRUPTCY RIGHT FOR ME?

April 22, 2021

Having too much debt is more than just a financial problem — it is an emotional problem too. From first realizing that one is no longer to keep up with bills to dodging calls from creditors, the mental load of debt is a significant burden. Those who earn a relatively good wage might even be convinced that there is no help out there for people like them. In reality, Chapter 13 bankruptcy can be a smart option for some Maryland consumers.

Do you qualify for Chapter 13?

There are a few requirements for filing for Chapter 13, the first being that the filer is not a business entity. Instead, someone in Virginia can either file as an individual or jointly with a spouse. Previous filings can also limit whether someone can file for Chapter 13 if not enough time has passed, including if the person filing:

  • Previously discharged debt with Chapter 13
  • Previously discharged debt with Chapter 7
  • Had a bankruptcy filing dismissed within the past 180 days

What about income?

There is no income limit on filing for Chapter 13 bankruptcy, although if someone’s income falls below Virginia’s state average than Chapter 7 might be a more appropriate choice. However, there is a cap on debt. The limit for unsecured debts such as medical bills or credit card debt is $419,275, while the limit for secured debts is $1,257,850.

Filing for bankruptcy does not have to be a scary experience. Many men and women find that the process brings a sense of financial security that they had previously been unable to obtain. One of the first steps in this process is to decide whether filing it is appropriate to file for Chapter 7 or Chapter 13, a step for which some people find it helpful to seek guidance.

Chelesea L. Vaughan

Since 2013, Chelesea Vaughan has been representing clients throughout Southwest Virginia with a practice focused on contested family law, divorce, and custody matters, criminal defense, and business law. For a free consultation with Ms. Vaughan's Roanoke office, call (540) 343-9800.

Magee Goldstein Lasky & Sayers PC

114 Market St SE #210
Roanoke, VA 24011
Phone: (540) 343-9800
Fax: (540) 343-9898

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The Roanoke attorneys of Magee Goldstein Lasky & Sayers, PC, proudly serve clients in the areas of divorce law, bankruptcy law, estate law, and criminal defense, located throughout Roanoke, Virginia, and Southwest Virginia, including in Roanoke City, Salem City, Cave Spring, Botetourt, Fincastle, Lexington, Rockbridge County, Bedford County, Smith Mountain Lake, Moneta, Rocky Mount, Boones Mill, Franklin County, Floyd County, Christiansburg, Blacksburg, Radford City, and Montgomery County.