QUESTION
How much does it cost to file Chapter 13 for an S corporation business?
Asked on Jul 30th, 2014 on Bankruptcy - Florida
17 ANSWERS
Only an individual may be a debtor under chapter 13. Corporations are not individuals.
Answered on Aug 08th, 2014 at 9:23 AM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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The Law Offices of Peter M. Lively
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S corporations can't file Chapter 13, only Chapter 7 or 11.
Answered on Jul 31st, 2014 at 7:45 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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See 11 U.S. Code 109, "only and individual with regular income. may be a debtor under Chapter 13 of this title." What this is saying is that Chapter 13 is not available to corporations. If you think you need to restructure a corporation discuss the situation with a bankruptcy attorney who handles Chapter 11s. Typically, in a geographical area, there are many BK attorneys who handle Chapter 7 and Chapter 13, but only a few who handle chapter 11s. This is because there are a lot less Chapter 11s filed and also because this type of bankruptcy differs considerably from the other two types. Chapter 11s are more complicated, take longer, and are more costly.
Answered on Jul 31st, 2014 at 7:44 PM
Domestic Law Attorney serving Vista, CA
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Ralph L. Williams
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A corporation may not file a Chapter 13 bankruptcy. Only an individual debtor may file a Chapter 13. A corporation can only file a Chapter 7 or Chapter 11.
Answered on Jul 31st, 2014 at 7:39 PM
A corporation cannot file a Chapter 13 Bankruptcy.
Answered on Jul 31st, 2014 at 12:13 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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S corporations are not eligible to file under Chapter 13. Eligibility for Chapter 13 is limited to individuals. ?An S corporation would need to file either under Chapter 7 or Chapter 11.
Answered on Jul 31st, 2014 at 12:13 PM
William Rhymer
A corporation is not legally eligible to file a Chapter 13. A Chapter 13 filer must be a living & breathing person.
Answered on Jul 31st, 2014 at 11:32 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Corporations are not eligible to file Chapter 13. If it is going to file, it must be either a 7 or an 11.
Answered on Jul 31st, 2014 at 11:31 AM
An S corporation cannot file Chapter 13. This chapter of the bankruptcy code is only available to individuals.
Answered on Jul 31st, 2014 at 11:31 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Chapter 13 can only be filed by individuals. A business cannot file, it would have to look at other options like a Chapter 7 or Chapter 11.
Answered on Jul 31st, 2014 at 11:28 AM
Only individual debtors are allowed to file Chapter 13's. A Corporation would have to file Chapter 11 (which are much more expensive).
Answered on Jul 31st, 2014 at 11:01 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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Only individuals or individuals and their spouse may file a Chapter 13. Corporations are not allowed to file Chapter 13. Corporations must file Chapter 11 or Chapter 7. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.
Answered on Jul 31st, 2014 at 9:59 AM
You can not file a Chapter 13 for a Business. The fees for a personal Chapter 13 are $310.00 A Chapter 11 would cost $1717.00.
Answered on Jul 31st, 2014 at 9:44 AM
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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All of the courts around the country use different base rates on Chapter 13 cases. Plus, it is going to depend on whether you use a good lawyer or a chump lawyer. The main thing, however, is that a corporation can't file Chapter 13; that's only for individuals. For a corporation, it will usually be either a Chapter 7 or a Chapter 11 although only large corporations will need a bankruptcy in the first place. If it's an S-corp then it probably is of the size where filing bankruptcy will cause you more harm than good.
Answered on Jul 31st, 2014 at 9:44 AM
2 Awards
An a corp cannot file a 13. Only 7 or 11. The cost depends on the complexity of your case.
Answered on Jul 31st, 2014 at 9:27 AM
Chapter 13 is not for corporations. Only a man or a woman or a husband and wife together can file Chapter 13. Corporations that need to reorganize can file Chapter 11.
Answered on Jul 31st, 2014 at 9:10 AM
Bankruptcy & Debt Attorney serving St. Augustine, FL
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St. Johns Law Group
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Businesses cannot file for bankruptcy under Chapter 13. It would have to be either a Chapter 11 or 7.
Answered on Jul 31st, 2014 at 9:09 AM