Chapter 13 Debt Limits Increase By 7%

28 Feb Chapter 13 Debt Limits Increase By 7%

Debt limits for Chapter 13 increase April 1, 2010,to $360,475of unsecured debt and $1,081,400 of secured debt. This change represents an increase ofabout 7% over the Chapter 13 debt limits in effect prior to the change. Congress limited the amount of debt owed by the debtor in a Chapter 13 case but adjustments to the debt limits are scheduled to occur every three years onthe first day of April in theyear of adjustment beginning April 1, 1998. The Bankruptcy Code in §109(e) prohibits use of Chapter 13 by individuals with debtsthat exceed the specified limits. The adjustmentsare required by§104(a) of the code and an adjustment is due this year.

The adjustment of various dollar amounts specified in the bankruptcy code is intended by statute to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent 3-year period ending on December 31 of the prior year. The dollar amounts are rounded to the nearest $25 increment and apply to a number of different dollar limits impacting Chapter 7, 11, 12 and 13 cases.

The dollar amount changes are printed in the Federal Register.
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I was admitted to practice in 1978. I am certified as a Consumer Bankruptcy Specialist by the American Board of Certification. I regularly speak on tax and bankruptcy issues at state, regional and national conferences. Years of experience in practice before the Internal Revenue Service and Oregon Department of Revenue have given me the background to resolve a large variety of consumer tax issues.
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