Reasons to File Chapter 13
Some Reasons to file Chapter 13 include:
Being behind on car or house payments, want to keep the property, and will use the repayment period to get current on their loan
Having assets are worth more than the available Chapter 7 bankruptcy exemptions such as real property or vehicles
Being over median income
Not qualifying for Chapter 7
Not passing the means test
Having disposable income per IRS standards
Owing debts that can be dealt with in 13 but not 7
Owing debts non dischargeable in Chapter 7
Co-debtor stay protection
You’ve inherited or expect to inherit real property or other assets
You have lawsuits you could file or are thinking of filing
You have money owed to you
You have life insurance with cash value
You have a retirement account not exempt
Help with high student loan payments
Having non-exempt assets
Having made preferential transfers
Owing debts not dischargeable in Chapter 7 such as taxes, child support, fraud judgments, and need time to repay those debts
Having liens that are larger than the value of the assets securing the debt, which may be wiped out, or stripped, in Chapter 13 bankruptcy
You receive large tax refunds
Running a small business and not wishing to have the trustee interfere or take over the business
Having prior income or transactions or future income that can be seized or reversed
Having filed a prior Chapter 7 bankruptcy within the last 8 years
You wish to have the option to voluntarily dismiss your case
Having the option to file another case sooner should anything arise in the near future
Remaining in control of your assets