Debt Limits For Filing Bankruptcy
Written on October 25th 2010
As of April 1, 2010, more people than ever are able to file a chapter 13 due to debt level increases. When you file a bankruptcy, your debts are divided into secured debts, such as a mortgage or car loan, and unsecured debts, such as credit card debt and signature loans with no collateral. On April 1st of this year, the debt limits increased to $360,475.00 for unsecured debts and $1,081,400.00 for secured debts.
However, these debt limits do not apply to un-liquidated or contingent debts. An un-liquidated debt is a claim where an amount owed and liability for the debt has not been precisely determined and which cannot be determined without an evidentiary hearing. A contingent debt is debt that is not fixed and specific at the present time. The debt is dependent upon the occurrence of some other event to establish the obligation for payment. In short, if the debt is unknown and needs to be determined by some court action or event, then it is not counted in the debt limits mentioned above.
The debt limits will change again in 2013.
Usually, the question is not whether a person qualifies but rather should that person file at all. And if he/she does decide to file bankruptcy, should it be a chapter 7 or a chapter 13 filing.
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