1.Someone, whether or not self-employed or operating an unincorporated business, is eligible for chapter 13 relief provided the individual’s unsecured debts are under $360,475 and secured debts are not up to$1,081,400. 11 U.S.C. – 109(e). These amounts are modulated periodically to reflect changes in the consumer price index. A corporation or partnership probably are not a chapter 13 debtor. Id.
Individuals cannot file under chapter 13 or any other chapter if, throughout the preceding 180 days, a prior bankruptcy petition was dismissed because of the debtor’s willful failureto appear in front of the court or follow orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. — 109(g), 362(d) and (e). Additionally, no individual may be a debtor under chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit guidance from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. — 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan
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