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Chapter 13 Rules in Pennsylvania

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    Eligibility

    • To file a Chapter 13 case in Pennsylvania, there are several criteria that must be met. First, you must have a verifiable source of steady income. Second, your total debt must be less than the limits established by the U.S. Bankruptcy Code. As of 2010, you may have no more than $360,475 in unsecured debt and $1,081,400 in secured debt to qualify for Chapter 13. You are required to attend approved credit counseling 180 days before filing.

    Filing

    • Chapter 13 bankruptcy cases are heard in the Western, Eastern and Middle District courts in Pennsylvania. You will need to file your case with the court closest to where you live. As of 2010, the filing fee for a Chapter 13 case is $274, according to the U.S. Bankruptcy Code. Along with your petition, you will need to submit a complete list of assets and liabilities, expenses and income, credit counseling certification and a statement of financial affairs. Within 45 days of filing, you will need to complete a course in financial management.

    Repayment Plan

    • To file Chapter 13, you must commit to following a structured repayment plan to satisfy your obligations. The U.S. Bankruptcy Code requires you to begin making plan payments within 30 days of filing. Plan payments are determined by your income and expenses and the type of debt you owe. Priority debts, such as back taxes, past due child support or alimony must be paid first. Secured debts receive second priority while unsecured debts are last.

    Means Test

    • Chapter 13 bankruptcies typically last between three and five years. The length of your repayment plan is determined by your median income for the previous six months. If your median income is equal to or less than the median for your family size, your repayment plan will last three years. If it is higher, you will have to make payments for five years. As of 2010, the median income for a single filer in Pennsylvania is $44,396, according to the U.S. Trustee Program.

    Considerations

    • Before filing Chapter 13, there are several things to consider. If you own a home or vehicle, you will have to obtain the permission of the court to sell them or other property during repayment. You also are barred from seeking new credit without the court's permission during this time. You should also consider the impact to your credit score. A Chapter 13 can stay on your credit for up to seven years after discharge.

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