Error: Contact form not found.

Chapter 7 Bankruptcy

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

How Hard Is It to Get Approved for Chapter 13?

Chapter 13 Approval: Understanding the Basics

Getting approved for Chapter 13 bankruptcy is relatively straightforward if you meet basic requirements: regular income, debts below statutory limits, and up-to-date tax filings. The U.S. Courts reports approximately 95% of Chapter 13 cases receive initial approval, making it accessible for most wage earners seeking debt relief.

Chapter 13 bankruptcy offers a lifeline to working individuals struggling with mortgage arrears, vehicle repossessions, or unmanageable credit card debt. According to the Administrative Office of the U.S. Courts, over 280,000 Americans file Chapter 13 annually, demonstrating its viability as a debt relief solution. The approval process evaluates your financial stability and commitment to repaying creditors through a structured three-to-five-year plan, making it ideal for those who want to keep their homes and vehicles while achieving financial freedom.

Essential Requirements: Chapter 13 Qualification Standards

Income Requirements for Chapter 13

You must demonstrate “regular income” to qualify for Chapter 13 bankruptcy protection. This doesn’t mean traditional employment only—income from self-employment, retirement benefits, disability payments, or even regular support from family members counts. The bankruptcy trustee needs assurance that you’ll have consistent funds to make monthly plan payments. 

Tax Filing Compliance

You must file all required tax returns for the four years preceding your bankruptcy filing. The bankruptcy court takes tax compliance seriously, viewing it as an indicator of your willingness to meet legal obligations. Missing tax returns will delay or prevent Chapter 13 approval until you catch up with the Internal Revenue Service requirements.

This requirement protects both you and your creditors by ensuring accurate income reporting and proper calculation of tax debts within your repayment plan. Many bankruptcy attorneys help clients resolve outstanding tax filings before submitting Chapter 13 petitions, streamlining the approval process.

Key Approval Factors: Creating a Confirmable Plan

Feasibility of Your Repayment Plan

The bankruptcy court must confirm that your proposed Chapter 13 plan is feasible—meaning you can realistically make the required monthly payments for three to five years. This involves submitting detailed income documentation, expense statements, and a budget demonstrating positive cash flow. The court examines whether your plan proposes reasonable living expenses while maximizing payments to creditors.

Courts reject plans that appear overly optimistic or fail to account for foreseeable expenses like vehicle maintenance, medical costs, or home repairs. Working with an experienced bankruptcy attorney significantly improves approval odds by ensuring your plan balances creditor interests with realistic household budgeting.

Good Faith Determination

Your Chapter 13 filing must demonstrate “good faith”—an honest intention to repay creditors through the reorganization plan. Courts scrutinize recent luxury purchases, asset transfers, or unusual financial transactions that suggest bankruptcy abuse. Filing Chapter 13 shortly after maxing out credit cards for non-essential items may raise red flags that complicate approval.

Good faith also means proposing to pay unsecured creditors a reasonable percentage of what you owe. While you’re not required to repay 100% of unsecured debts, courts expect meaningful repayment efforts based on your disposable income. 

Common Approval Challenges: Overcoming Potential Obstacles

Income Fluctuations and Seasonal Work

Individuals with variable income from commission-based sales, seasonal employment, or self-employment face additional scrutiny during Chapter 13 approval. Courts want confidence in your ability to maintain consistent plan payments despite income variations. Demonstrating average income over twelve months rather than recent pay periods can strengthen your case.

Some bankruptcy courts allow seasonal workers to propose graduated payment plans that increase during high-earning months and decrease during slow periods. This flexibility makes Chapter 13 approval possible even for those without traditional steady paychecks, provided the overall plan meets confirmation standards.

Excessive Expenses or Unrealistic Budgeting

The bankruptcy trustee reviews your claimed living expenses against regional standards and common sense benchmarks. Claiming excessive housing costs, luxury vehicle payments, or discretionary spending beyond reasonable levels may trigger objections. Courts expect Chapter 13 filers to adopt modest living standards while in bankruptcy, redirecting previously discretionary funds toward creditor repayment.

Documenting legitimate extraordinary expenses with supporting evidence improves approval likelihood when your budget exceeds typical standards.

Financial Freedom Summary: Your Chapter 13 Approval Roadmap

Getting approved for Chapter 13 bankruptcy is achievable for most individuals with regular income and manageable debt levels. The process evaluates your financial stability, commitment to repayment, and good faith rather than requiring complete financial devastation. With proper preparation, documentation, and realistic budgeting, Chapter 13 approval offers a clear path to stopping foreclosures, eliminating unsecured debt, and rebuilding your financial foundation.

Free Evaluation Available: Get Chapter 13 Approval Help

Stop wondering how hard Chapter 13 approval will be and get answers specific to your financial situation. Our network of experienced bankruptcy attorneys offers free case evaluations to assess your qualification status and plan feasibility. Take control of your debt relief journey today and start building the financial freedom you deserve.

Attorneys can also join our network to connect with clients seeking debt relief, or discover how to generate quality leads for your practice.

Frequently Asked Questions

You need regular income sufficient to cover reasonable living expenses plus proposed plan payments, with no specific minimum income requirement set by bankruptcy law.

Yes, though timing restrictions apply—you must wait four years after a Chapter 7 discharge or two years after a previous Chapter 13 discharge to receive another discharge.

The bankruptcy court typically schedules a confirmation hearing within 20-45 days after filing, with final plan approval often occurring 60-90 days from your initial petition date.

No—poor credit scores don’t affect Chapter 13 approval since the court evaluates your current income, expenses, and repayment ability rather than credit history.

You can modify and resubmit your plan addressing the court’s concerns, with most plans receiving approval after adjustments to payment amounts or expense claims.

Key Takeaways

  • Chapter 13 approval requires regular income, debts below statutory limits, and current tax filings rather than complete financial devastation.
  • Approximately 95% of Chapter 13 cases receive initial court approval, making it an accessible debt relief option for wage earners.
  • Your repayment plan must demonstrate feasibility, good faith, and full payment of priority debts like taxes and child support.
  • Income fluctuations, previous bankruptcies, and excessive expenses can complicate but not prevent Chapter 13 approval with proper documentation.
  • Working with experienced bankruptcy attorneys significantly improves approval odds through realistic plan structuring and comprehensive preparation.

Start Your Free Bankruptcy Evaluation

Step 1 of 6

What is your total debt?

Step 2 of 6

What is your total monthly income?

Step 3 of 6

Do You Own Real Estate?

Step 4 of 6

What is the estimated value of your assets?

Step 5 of 6

Is an attorney or advocate already helping you with your bankruptcy?

Step 6 of 6
By clicking "Submit" you agree that you will be contacted by a legal representative, participating attorney, or affiliate via phone (including autodialers, pre-recorded calls), email or SMS (Msg & Data rates may apply) about your interest in finding an attorney. Consent is not a condition of the services.