Debtors can no longer simply choose what chapter of bankruptcy they wish to file.  If a debtor is seeking to protect assets from being sold by a Chapter 7 bankruptcy trustee, they can seek Chapter 13 relief but they must first qualify to file under Chapter 13 of the Bankruptcy Code.  Among other requirements, debtors must demonstrate to the court, the Chapter 13 trustee and their creditors that they have sufficient income to reorganize their debts through an approved repayment plan.

To learn more about the criteria that must be met to file a Chapter 13 bankruptcy case read, “Who Can File for Chapter 13 Bankruptcy?”