The answer to this question must take into consideration more than just your regular monthly income, which unemployment in most Circuits makes eligible, but also the amount of your outstanding matured, liquidated and noncontingent unsecured and secured debt. Chapter 13 has certain debt limitations for each. If you exceed these debt limits you may not be eligible for Chapter 13. if you file and have insufficient income to fund a Chapter 13 plan you may find an objection from a creditor or the trustee to good faith of the filing. Be careful of attorneys or paralegals who may offer to file merely to stop a foreclosure sale and do not follow through. If a case is dismissed and you want to refile, you may find that the automatic stay is not permanent, but limited in duration.
