Is my Corporation safe from my personal Chapter 13??

The Chapter 13 Trustee cannot touch or take your corporation. That is not the issue. The issue is the amount of your plan payments. If your plan pays 100% to all creditors, there is no problem at all. If you are going to pay less than 100% to all creditors, the current value of your corporation is a determining factor as to the percentage paid to your creditors. A local, experienced bankruptcy attorney will help you with these decisions. Filing a Chapter 13 on you own is extremely difficulty and complicated. Also, a local experienced bankruptcy attorney may be able to tell you if you qualify for Chapter 7. All the best to you.

The success rates for filing chapter 13 are very slim for debtors who attempt to file on their own. Specifically, in Central District of California, one of the top busy bankruptcy districts in US, according to last year's judicial report the dismissal rates for chapter 13 are 99%. Consult with a bankruptcy attorney about your situation and they can answer not just this question but many more you probably haven't thought about yet. This will help you determine if filing chapter 13 is the right move and if it is have the attorney file your case. Chapter 13s can get very complex, have it done right the first time and avoid costly mistakes.

You need to find a local chapter 13 attorney. Also, you may have tax issues if you are living out of the corporation. As previously mentioned, what can happen is the value of the corporation could determine the amount you end up paying to unsecured creditors.

Your Chapter 13 Plan can be subject to modification if your wholly owned corporate business does better in coming years. Your plan, and the Bankruptcy Code, will influence and control this issue. It is important that you speak with a Chapter 13 experienced attorney about this issue before filing and before filing a Plan. This is not an "internet" answerable question.

There are several aspects raised by your question (addressed by other responses). 1. Your Ch 13 Plan in order to be confirmed must propose to repay to your creditors the non-exempt value of your assets; exemption amounts vary from State to State. One of your assets in the Ch 13 case is the net worth of the company attributable to your ownership interest. If the company's assets are $30,000.00 and the company's debts are $27,000.00, then the net worth is $3,000.00 and if you are a 50% stockholder or member, your asset has a value of $1,500.00 -- and then this ownership interest can or cannot be fully exempted by you. If not exemptible, then that value must be repaid to your creditors through payments to the Ch 123 trustee. 2. All of your future earnings are an asset of the Ch 13 case under Sec. 1306(a)(2), so if the company grows and pays you more -- which the trustee can determine by examining your future income tax returns, then the trustee can file a motion to request that your Plan payment be modified to be increased under Sec. 1329(a)(1). Note that the Plan is not modifiable because your stock/interest value increases, because that value is determined as of the effective date of the plan, under Sec. 1328(b)(2). You need to consult with an attorney in your area.