In re Pete

ORDER

James R. Sacca, U.S. Bankruptcy Court Judge

The question before the Court is whether the unsecured debt limit for eligibility purposes in a chapter 13 case is the same for an individual debtor as it is for joint debtors1 or whether debtors should be eligible to be joint debtors in a chapter 13 case even if their aggregate unsecured debts exceed the limits set forth in section 109(e) because they are otherwise each individually eligible to be a debtor in a chapter 13 case.

This issue arose in response to an objection to confirmation and motion to dismiss filed by the Chapter 13 Trustee. The…