Chapter 13 bankruptcy debt limit - should you too?

Chapter 13 bankruptcy involves a reorganization of its finances. Through the Plan adopted by the Court will reimburse some or all of their debts over a 3-5 year period of time. the payment amount depends on your income and a variety of other factors, but did you know that may be too much money for Chapter 13 at all?

Under section 109 (e) of the U.S. Bankruptcy Code,

Only an individual with regular income that has the date of filing of the petition,contingent debt is not being wound up, with no guarantee of less than $ 250,000 and noncontingent, liquidation, secured debts of less than $ 750,000, or an individual with regular income and the spouse of such person, except a stockbroker or agent of a commodity, which should, on the date of filing of the petition, noncontingent, liquidation, unsecured debts that aggregate less than $ 250,000 and noncontingent, liquidation, secured debts of less than $ 750,000 may be a debtor under Chapter 13 of thistitle.

These figures are adjusted based on the annual cost of living based on consumer prices approved by the Judicial Conference of the United States. The Labor Department releases figures on consumer price index for the period.

This is good news for the millions of Americans who bought homes during the housing boom of recent years. Fall into foreclosure, have become Chapter 13 only to find they are blocked because theirloans are too high.

When you have too, could be forced to file Chapter 11 to keep your home. This can be much more expensive and time consuming, requires a tremendous amount of work just to get the same result could be obtained in Chapter 13.

The other option is Chapter 7, which can not protect your home and other property.

For cases filed from April 1, 2007 to March 31, 2010, Chapter 13 debt limits were $ 1,010,650in the secured debt and $ 336.900 in unsecured debt. It has been suggested by some that such limits may rise by 7% of the cases filed from April 1, 2010-03 31A, 2010. Without doubt, help many consumers who are trying to keep their homes and properties in case of failure.

If you are considering filing for bankruptcy is important to talk with your attorney before your case is presented to ensure that your debts are within the limits from the filing date. If yourcase is filed and exceeds the limits of debt then you may have to convert your case to Chapter 7 or 11, what is worse, can have your case dismissed and has few options in the short term.