According to 11 U.S.C. Section 109(a), US citizenship is not required to file Chapter 13. A residence or property ownership satisfies the jurisdictional requirement. To further qualify for chapter 13 bankruptcy, individual debtors are required to maintain regular income and owe an amount equal to or below $269,250 in non-contingent, liquidated unsecured debts and an amount equal to or below $807,950 in secured debts. Additional requirements for debtors to qualify for chapter 13 bankruptcy:
After filing Chapter 13 bankruptcy, debtors must then make regular payments to the Trustee, who in turn, distributes funds to creditors. If payments are not made, Trustees normally file a motion to dismiss. Payments are required even before confirmation.
A case filed under Chapter 13 bankruptcy may be converted to Chapter 7 at any time. This right is not absolute, and the Court retains discretion to approve conversions. In practice, if Chapter 13 bankruptcy payments become past due, many debtors file motions for conversion to avoid dismissal.