Chapter 13 Bankruptcy: Rebuild While Keeping Your Property

Chapter 13 lets individuals with regular income reorganize debts into a court-approved repayment plan, typically lasting 3–5 years, allowing filers to keep homes and vehicles while catching up past-due amounts.

Chapter 13 Bankruptcy: A Fresh Start, Not the End

Chapter 13 ("wage earner's bankruptcy") helps individuals with regular income reorganize debts into a court-monitored repayment plan (usually 3–5 years), allowing many filers to retain non-exempt property and catch up on secured debts.

Under Chapter 13 you submit a repayment plan proposing how you'll pay creditors over three to five years. The plan is supervised by the court and administered by a trustee. Secured and priority debts are typically paid first; unsecured creditors receive payments based on your disposable income and plan terms.

Example:
Sally has credit cards, payday loans and car loans totaling $200,000. She passes the Means Test, files Chapter 13 and repays her debts through a court-approved plan in small monthly installments. Over time she reduces balances and avoids liquidation of personal property.

When Chapter 13 makes sense

  • You have regular income but need time to catch up on mortgage or car payments.
  • You want to keep non-exempt property that might be sold in Chapter 7.
  • You owe priority taxes or need to stretch secured debt payments over time.
  • You have co-debtors you want to protect while you make payments.

Who qualifies for Chapter 13?

Individuals with regular income whose secured and unsecured debt amounts are within statutory limits may file. Courts expect a feasible payment plan that the debtor can maintain for the plan term.

Debt limits (approx.): unsecured debts generally under ~$250,000 and secured under ~$750,000 (limits change; verify current thresholds).

Next steps & disclosures

Important guidance and a short tip

Bankruptcy law and exemptions vary by state. Talk to a qualified bankruptcy attorney to review whether Chapter 13 is right for you. DebtConsolidationCare provides informational resources and referrals; this page is not legal advice.

Tip
Explore alternatives such as debt consolidation, settlement, or management before filing.