How much does it cost to file Chapter 13 for an S corporation business? 29 Answers as of August 08, 2014

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Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
Only an individual may be a debtor under chapter 13. Corporations are not individuals.
Answer Applies to: Nebraska
Replied: 8/8/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Every lawyer is free to charge what the local rules allow for ch13 work. BUT only individuals may file for ch13. Corporations must file ch11 to reorganize. Sorry for the delay in answering, I was on vacation.
Answer Applies to: California
Replied: 8/4/2014
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Corporations are not eligible to file Chapter 13. Their only options are Chapter 7 or Chapter 11.
Answer Applies to: California
Replied: 8/4/2014
Stephens Gourley & Bywater | David A. Stephens
An S corporation cannot file chapter 13. It must file either chapter 7 or chapter 11.
Answer Applies to: Nevada
Replied: 7/31/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
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.
Answer Applies to: California
Replied: 7/31/2014
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Corporations are not eligible to file Chapter 13. If it is going to file, it must be either a 7 or an 11.
    Answer Applies to: Washington
    Replied: 7/31/2014
    Idaho Bankruptcy Law | Paul Ross
    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.
    Answer Applies to: Idaho
    Replied: 7/31/2014
    Rhymer Law Firm
    Rhymer Law Firm | William Rhymer
    A corporation is not legally eligible to file a Chapter 13. A Chapter 13 filer must be a living & breathing person.
    Answer Applies to: Georgia
    Replied: 7/31/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Only individual debtors are allowed to file Chapter 13's. A Corporation would have to file Chapter 11 (which are much more expensive).
    Answer Applies to: Colorado
    Replied: 7/31/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    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.
    Answer Applies to: California
    Replied: 7/31/2014
    Danville Law Group | Scott Jordan
    The same as for an individual. But an S Corp should not file a 13. It should file a Chapter 11 instead. Much more freedom in an 11.
    Answer Applies to: California
    Replied: 7/31/2014
    214bankruptcy.com
    214bankruptcy.com | Rustin Polk
    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.
    Answer Applies to: Texas
    Replied: 7/31/2014
    Tidewater Law Group PLLC | Seth Schoenfeld
    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.
    Answer Applies to: Virginia
    Replied: 7/31/2014
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Corporations are not eligible to file chapter 13. Corporations can only file chapters 7 or 11.
    Answer Applies to: Texas
    Replied: 7/31/2014
    Bunch & Brock, Attorneys-at-Law
    Bunch & Brock, Attorneys-at-Law | W. Thomas Bunch II
    Corporations cannot file a Chapter 13. Only individuals (people) can file a Chapter 13 case. If a corporation, LLC, partnership or other business entity needs to file a bankruptcy to reorganize its debt, it's only option is Chapter 11 case (or a Chapter 7 in the case of liquidation).
    Answer Applies to: Kentucky
    Replied: 7/31/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    An a corp cannot file a 13. Only 7 or 11. The cost depends on the complexity of your case.
    Answer Applies to: Nevada
    Replied: 7/31/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You cant file a chapter 13 for a business. It would be a Chapter 11.
    Answer Applies to: New York
    Replied: 7/31/2014
    Scott Goldstein | Scott Goldstein
    You cannot file a chapter 13 for an S corp. 13 is only for individuals.
    Answer Applies to: New Jersey
    Replied: 7/31/2014
    Goldberg, Scudieri & Lidenberg, P.C. | Alan J. Goldberg, Esq
    There is not a set fee. The fee often depends on the complexity of the matter. Many firms such as mine, however, offer complimentary consultations to review the situation and quote a fee.
    Answer Applies to: New York
    Replied: 7/31/2014
    Russell & Heffner, LLC | Lawrence E. Heffner, Jr.
    Corporations can only reorganize under Chapter 11 or liquidate under Chapter 7 of the bankruptcy code. Pursuant to 11 U.S.C. Section 109(e) only an individual with regular income that owes on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less that $383,175.00 and noncontingent, liquidated secured debts of less than $1,149,525 may be a debtor under chapter 13 of the Bankruptcy Code. Fees for Chapter 11 or Chapter 7 for a corporation may vary depending upon the complexity of the case.
    Answer Applies to: Maryland
    Replied: 7/31/2014
    Emery, Kast & Walker, PLLC
    Emery, Kast & Walker, PLLC | Felecia Leann Walker
    Businesses cannot file for bankruptcy under Chapter 13. It would have to be either a Chapter 11 or 7.
    Answer Applies to: Florida
    Replied: 7/31/2014
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    S Corporations cannot file Chapter 13. Corporations file Chapter 11 if they wish to reorganize.
    Answer Applies to: Georgia
    Replied: 7/31/2014
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    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.
    Answer Applies to: California
    Replied: 7/31/2014
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