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Qualifications For Filing Chapter 13 Bankruptcy In Minnesota

NOTICE: Whether you can file for chapter 13 bankruptcy in Minnesota is usually something that an experienced bankruptcy attorney can help you determine. There are many requirements and reasons that the chapter 13 trustee, the U.S. Trustee, or a creditor may use to object to the filing of a bankruptcy or confirmation of a chapter 13 plan, and it would be nearly impossible to list every single one of them here.

With that initial caveat, the general requirements for filing a 13 bankruptcy discharge as are:

  1. Your household must have reliable income and at least some amount to pay into the chapter 13 plan (typically at least $100 per month must be free in your budget, after you remove any unsecured debt payments such as credit card payments);
  2. You must take a credit counseling course within 180 days prior to filing (we can provide you with information on where you may take them);
  3. You must file your Petition, Schedules, Statements, and Credit Counseling Certificate with the Bankruptcy Court;
  4. You must propose a plan to repay a portion or all of your debt over 36 to 60 months;
  5. You must attend the Section 341 Hearing/Meeting of the Creditors; and
  6. You must take a financial management course within a certain time after your have filed your case.

Even if you meet the above requirements, however, the following restriction also apply:

  1. You may not receive a chapter 13 discharge (although you may file) if you have received a recent discharge under chapter 13 or a different chapter of the Bankruptcy Code;
  2. You must not have previously attempted to defraud the Bankruptcy Court or creditors in a bankruptcy proceeding, or otherwise be barred by order of the Bankruptcy Court from filing;

The Minnesota bankruptcy attorneys at Weber Law Group, P.A. can help determine whether you qualify to file a chapter 13 bankruptcy. Please contact us or use our online scheduler to setup a free consultation, or submit your information for review and we will contact you.

To read about how much does a chapter 13 bankruptcy cost, click the 'Next Article' button below.


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