Can Self-Employed Individuals File for Chapter 13 Bankruptcy in Texas?
Being self-employed can sometimes come with its fair share of uncertainties and financial challenges. If you're struggling with unmanageable debt and considering filing for Chapter 13 bankruptcy, you may be wondering if it's possible to do so as a self-employed individual. The good news is that self-employed individuals can indeed file for Chapter 13 bankruptcy, however, there are some key things to keep in mind before doing so. This blog post will explain Chapter 13 bankruptcy, who qualifies for it, and what self-employed individuals should know before filing.
What is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is a type of bankruptcy designed for individuals with a regular income who are struggling with debt but want to keep their assets, such as a home, vehicle, or business. Essentially, Chapter 13 bankruptcy allows you to restructure your debt into a manageable payment plan over a period of three to five years, while still allowing you to keep your property and continue earning income.
Who Qualifies for Chapter 13 Bankruptcy?
To qualify for Chapter 13 bankruptcy, you must have a regular income and your unsecured debts (credit card debt, medical bills, personal loans) cannot exceed $419,275, while your secured debts (mortgage, car loan) cannot exceed $1,257,850. Additionally, you must have completed credit counseling from an approved agency before filing for Chapter 13 bankruptcy.
What Self-Employed Individuals Should Know About Chapter 13 Bankruptcy
As a self-employed individual, you may be wondering how your income and assets will be affected by Chapter 13 bankruptcy. It's important to note that your business won't be directly affected by the bankruptcy filing, so long as it's a sole proprietorship or a single-member Limited Liability Company (LLC). However, your income and business-related assets will be factored into the payment plan to determine your monthly repayment amount.
Additionally, unlike an individual who receives a regular paycheck, your income may fluctuate from month to month, which can make it challenging to create a repayment plan. However, your bankruptcy attorney can work with you to create a repayment plan that is tailored to your unique financial situation.
If you're a self-employed individual in Texas and are struggling with debt, filing for Chapter 13 bankruptcy may be an option worth exploring. However, before doing so, it's essential to fully understand the bankruptcy process and how it may impact your assets and income. By working with an experienced bankruptcy attorney, you can create a repayment plan that is both manageable and tailored to your financial needs.
