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Texas Business Law · Glossary

Chapter 13 (Individual Reorganization)

Bankruptcy proceeding under 11 U.S.C. §§ 1301-1330 available to individuals with regular income, providing for repayment of debts over 3-5 years through court-approved plan. Allows debtor to retain assets (including non-exempt property) by paying value over plan term. Subject to separate debt limits (for cases filed on or after April 1, 2025, unsecured debts under $526,700 and secured debts under $1,580,125). Common in mortgage cure situations, tax debts, and where Chapter 7 not available (means test failure) or undesirable.

Chapter 13 is the bankruptcy proceeding available to individuals with regular income, providing for repayment of debts over 3-5 years through a court-approved plan. Chapter 13 allows debtors to retain assets (including non-exempt property) by paying value over the plan term, distinguishing it from Chapter 7 where non-exempt assets are liquidated. Chapter 13 is common in mortgage cure situations, tax debt repayment, and where Chapter 7 is not available (a presumption of abuse under the means test) or undesirable (asset retention).

Eligibility, § 109(e)

Chapter 13 eligibility requires: (1) individual (or individual with spouse), no entities; (2) regular income, sufficient to fund plan payments; (3) debt limits, noncontingent, liquidated unsecured debts under $526,700 and secured debts under $1,580,125 (cases filed on or after April 1, 2025). The debt limit is important: high-debt individuals may need Chapter 11 instead. Individuals filing jointly with spouse can use combined income but must satisfy combined debt limits.

Plan structure

Chapter 13 plan must provide: (1) plan term, 3 years (below-median income) or 5 years (above-median income); (2) full payment of priority claims, taxes, domestic support, certain other priority debts; (3) secured creditor treatment, typically retain liens with payment of value over plan term; (4) unsecured creditor treatment, at minimum, what they would receive in Chapter 7 (best interests test); often pro rata of disposable income; (5) regular payments, typically monthly to trustee. Plan administered by Chapter 13 trustee.

Common uses

Chapter 13 typical scenarios: (1) mortgage cure, paying back arrears over plan term while resuming current payments; (2) tax debt repayment, priority tax debts paid over 3-5 years; (3) means test cases, where an above-median debtor's Chapter 7 filing would be presumed abusive; (4) asset retention, protecting non-exempt assets from liquidation; (5) second mortgage stripping, voiding wholly underwater junior liens; (6) protection of co-debtor on consumer debts (§ 1301 codebtor stay). Many filings combine multiple goals.

Discharge, § 1328

Chapter 13 discharge issued after completion of plan payments. Discharge is broader than Chapter 7, covers some debts non-dischargeable in Chapter 7 (so-called "superdischarge"). Excluded from Chapter 13 discharge: (1) certain priority taxes; (2) domestic support obligations; (3) certain student loans; (4) drunk-driving liability; (5) criminal restitution; (6) debts incurred through fraud (with limitations). Hardship discharge available where plan completion impossible due to circumstances beyond debtor's control.

Conversion and dismissal

Chapter 13 cases can be converted or dismissed: (1) conversion to Chapter 7, debtor right or for cause; common when plan completion impossible; (2) dismissal, for cause including failure to make payments, failure to file plan; (3) conversion to Chapter 11, rare; for above debt-limit situations.

Practical context

For Texas individual debtors, the choice between Chapter 13 and Chapter 7 turns on income, assets, and goals. Relevant questions include whether a realistic budget can support the plan payments, whether a mortgage arrearage needs to be cured, and whether the applicable commitment period is three or five years. Missed plan payments can lead to dismissal or conversion. Creditors typically file a timely proof of claim, review the plan's treatment of their claim, object to plan terms they dispute, and monitor plan performance.

Related Terms
Chapter 7· Chapter 11· Automatic Stay· Nonjudicial Foreclosure· Priority
Last updated: October 9, 2026