Can Self-Employed Individuals File for Chapter 13 Bankruptcy?

George Tadross • September 30, 2023

Being self-employed comes with its own set of challenges. One such challenge is managing your finances and ensuring that you have enough cash flow to keep your business running. However, there may be situations where things don't go as planned and you find yourself in debt. If you're self-employed and considering filing for bankruptcy, you may be wondering if you're eligible for Chapter 13 bankruptcy. In this blog post, we'll discuss whether self-employed individuals can file for chapter 13 bankruptcy, who qualifies for chapter 13 bankruptcy, and what self-employed individuals should know about chapter 13 bankruptcy.


Chapter 13 bankruptcy is a type of bankruptcy that allows individuals to reorganize their debts and make payments over a period of three to five years. This type of bankruptcy is often preferred by those who have a regular source of income and want to keep their assets. As a self-employed individual, you may be wondering if you're eligible for chapter 13 bankruptcy. The answer is yes, you can file for chapter 13 bankruptcy if you're self-employed. However, you need to meet certain requirements.


To qualify for Chapter 13 bankruptcy, you need to have a regular source of income. As a self-employed individual, your income may be irregular, but you can still qualify if you can show the bankruptcy court that you have a consistent source of income. You'll need to submit income statements and tax returns to show your income. You'll also need to show that your income is sufficient to cover your monthly expenses and make payments towards your debts.


One thing that self-employed individuals should keep in mind when filing for chapter 13 bankruptcy is that you'll need to submit a Chapter 13 plan, outlining how you intend to repay your debts. This plan will need to be approved by the bankruptcy court. You'll need to show that your Chapter 13 plan is feasible and that you can make the payments as outlined in the plan.


Self-employed individuals should also be aware that they may need to provide additional documentation when filing for Chapter 13 bankruptcy. This may include business financial statements, proof of business expenses, and a profit and loss statement. It's important to work with an experienced bankruptcy lawyer who can guide you through the process and help you prepare your documentation.

In conclusion, self-employed individuals can file for chapter 13 bankruptcy if they have a regular source of income and meet the requirements for Chapter 13 bankruptcy. It's important to work with an experienced bankruptcy lawyer who can guide you through the process and help you prepare your documentation. Remember that filing for bankruptcy is a serious decision, and it's important to explore all your options before making a decision. If you're struggling with debt as a self-employed individual, chapter 13 bankruptcy may be a viable option for you. Speak to an experienced bankruptcy lawyer today to learn more.

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