Cite as: Keith M. Lundin, Lundin On Chapter 13, § 5.1, at ¶ ____, LundinOnChapter13.com (last visited __________).
Avoiding a Chapter 13 filing when less drastic or better alternatives are available and filing only for a debtor who is eligible and likely to realize confirmation of a plan are important prefiling considerations for bankruptcy counsel. This chapter begins with a discussion of when Chapter 13 is an effective solution to debt problems—including a comparison of the relief available under other chapters of the Bankruptcy Code. There follows a detailed review of eligibility for Chapter 13 with particular attention to debt limitations. Prefiling planning and strategies are covered. Counseling and collecting information from Chapter 13 clients are examined from the perspective of debtors’ and creditors’ counsel. The preparation of documents necessary to commence a Chapter 13 case begins in Part 3.