Chapter 13 has no means test, but you need regular income and your debts must fall within limits. Here is what qualifies you to file in the Western District of Missouri or the District of Kansas.
Under the Bankruptcy Threshold Adjustment and Technical Corrections Act of 2022 (BTATCA), the Chapter 13 debt limit is a single combined threshold:
| Requirement | Limit |
|---|---|
| Total noncontingent, liquidated debts (secured + unsecured) | $2,750,000 |
This replaced the prior separate limits ($465,275 unsecured / $1,395,875 secured). Most Kansas City filers are well within this threshold. If your debts exceed $2,750,000, Chapter 11 (including Subchapter V) may be an option.
What counts: Only noncontingent (not dependent on a future event) and liquidated (amount is known or easily calculable) debts count toward the limit. Disputed debts, contingent claims, and unliquidated amounts do not count.
Chapter 13 is available only to "individuals with regular income" (11 U.S.C. section 109(e)). Regular income is defined broadly under section 101(30) as income that is "sufficiently stable and regular to enable such individual to make payments under a plan." This includes:
The income does not need to be large -- it just needs to be stable enough that the court believes you can make plan payments. Seasonal workers, gig economy workers, and self-employed individuals can qualify if they can demonstrate a reliable income pattern.
Unlike Chapter 7, Chapter 13 has no means test for eligibility. You can file regardless of how much you earn. However, your income determines:
You must wait 4 years from the filing date of a prior case in which you received a Chapter 7 discharge before you can receive a Chapter 13 discharge. You can file the Chapter 13 case sooner (to use the automatic stay to protect property), but you cannot receive a discharge until 4 years have passed.
You must wait 2 years from the filing date of a prior case in which you received a Chapter 13 discharge. Again, you can file sooner but cannot receive the discharge until 2 years have elapsed.
If a case was dismissed within the past 180 days for willful failure to comply with court orders or because you sought dismissal after a creditor filed a motion for relief from stay, you cannot file any bankruptcy case for 180 days.
The significantly higher dismissal rate in the Western District of Missouri means strong plan preparation and reliable income are especially important for MO-side filers.
$2,750,000 in total combined secured and unsecured noncontingent, liquidated debts. This replaced the old separate limits. Most KC filers are within this threshold.
Yes. Regular income includes wages, self-employment, pension, Social Security, disability, rental income, and support from family. It must be stable enough to fund plan payments.
No. Anyone with regular income and debts within limits can file. However, your income level determines whether your plan is 3 or 5 years and how much goes to unsecured creditors.
Yes, with waiting periods. 4 years after a Chapter 7 discharge, 2 years after a Chapter 13 discharge. You can file sooner -- the bar is on receiving the discharge. Check your timeline.
Only individuals. Corporations, LLCs, and partnerships must use Chapter 11. However, sole proprietors can include business debts in a Chapter 13 plan.
Below-median income: minimum 3-year plan, can extend to 5 years. Above-median income: must be 5 years, all projected disposable income goes to unsecured creditors.