Legal Question in Bankruptcy in North Carolina
In filing Chapter 13, does it matter if expenses are greater than income?
2 Answers from Attorneys
Yes! You will have a very difficult (really no chance at all) time getting a Chapter 13 approved if your assets/income are greater than your expenses. The whole point of the Chapter 13 is to reorganize your debt so that you can afford to live. Your expenses need to be more than your income to qualify.
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As a preliminary matter, if your income is insufficient to pay your debts, you may be eligible for a Chapter 7. Of course, if you are eligible for a Chapter 7 or propose a Chapter 13 plan, you will have to look closely at your expenses to see if you can pare them down to live within your means. There are many considerations in working up a plan to deal with your financial crisis, you should contact a bankruptcy lawyer to discuss those options.