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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Hello, Please advised about chapter 13 bankruptcy. 1. Can

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Please advised about chapter 13 bankruptcy.
1. Can I file as individual or my wife has to be included?
2. My secured debt is < $1Million and unsecured debt < $70K, I just don't know how much generated income I need in order to qualify for Chap13 filing. Please advised.
3. What is other option if I don't get qualified ?
many thanks

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and accept these provisions as well as's disclaimer?

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Customer: replied 6 years ago.

Thank you for your question. I am happy to assist you.

A husband and wife are not required to file a bankruptcy jointly. One party can file without the other. However your wife's income will be included in your chapter 13 plan.
You appear to meet the eligibility limits for chapter 13 bankruptcy of $1,081,500 for secured debt, and $360,525 in secured debt.

Whether you have sufficient income to file a chapter 13 depends upon complex calculations specifically dependent upon your situation and beyond the scope of liability on the site. However if you do not qualify for chapter 13 bankruptcy, you may qualify for a chapter 7 bankruptcy.
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