Options When Over Chapter 13 Debt Limit

On Behalf of | Apr 2, 2016 | Chapter 13 |

Chapter 13 bankruptcy is a great way to save your home by paying arrearages on a mortgage over time or to pay back unpaid taxes. But Chapter 13 has debt limits. As of April 1, 2016 a debtor cannot file Chapter 13 bankruptcy if they have more than $394,725.00 in unsecured debt or more than $1,184,200.00 in secured debt. Personal guarantees from a failed business, student loans and IRS debt can put an individual in this debt limit dilemma. What options do they have? There are several. A couple in Cherry Hill New Jersey could not file a joint Chapter 13 bankruptcy to save their home because each owed significant student loans. However, individually their total was less than the unsecured debt limit so each filed a separate Chapter 13 to save their home and address their debt. An individual from Mount Laurel New Jersey needing to pay mortgage arrears was unable to file Chapter 13 because of debt left over from a failed business. In his case, an individual Chapter 11 bankruptcy was filed to save his home. Filing a Chapter 7 and doing a modification helped an individual from Voorhees, NJ save his home when he was over the debt limit. Even with high debt limits options exist to deal with debt so meeting with an experienced bankruptcy attorney is an important step in finding a solution.


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