§ 55.2     Eligibility Attacks
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 55.2, at ¶ ____, LundinOnChapter13.com (last visited __________).

Creditor’s counsel should first consider whether the debtor is eligible for Chapter 13 relief. The eligibility requirements for Chapter 13 are intricate.1 The failure of a condition for eligibility under 11 U.S.C. § 109(e)2 or ineligibility to (re)file because of the 180-day prohibition in 11 U.S.C. § 109(g)3 will defeat the Chapter 13 case at the threshold. But a creditor’s challenge to eligibility must be raised by motion in advance of confirmation or, at the latest, as an objection to confirmation, else the confirmation order will be preclusive of the debtor’s eligibility.4