Bankruptcy · New Mexico

Chapter 13 Bankruptcy in New Mexico

Chapter 13 ("reorganization" bankruptcy) lets New Mexico debtors keep their assets and repay debts under a 3- or 5-year court-supervised plan. The state's median household income (~$94,000 for a family of 4) controls plan length.

Updated May 6, 2026 · 3 min read

Chapter 13 — sometimes called "wage-earner bankruptcy" or "reorganization" — lets you keep your assets (including a house with a mortgage you've fallen behind on) while repaying creditors over a 3- or 5-year court-supervised plan. After the plan completes, remaining unsecured debts are discharged.

Plan length is controlled by median income

New Mexico's median household income (4-person family, 2024 figure: about $94,000) is the threshold:

  • Below median: 3-year plan minimum
  • At or above median: 5-year plan required

Median figures update every 6 months — confirm the current number with your bankruptcy attorney.

Who Chapter 13 is for

Chapter 13 is the right tool when:

  • You're behind on a mortgage and want to keep the house — Chapter 13 lets you cure arrears over 3-5 years
  • You're behind on a car loan — "cramdown" lets you reduce the loan to current car value if the loan is over 910 days old
  • You make too much for Chapter 7 — failed the means test
  • You have non-dischargeable priority debts (recent taxes, child support arrears) you can pay over time
  • You have non-exempt assets you'd lose in Chapter 7
  • You filed Chapter 7 recently (8-year wait between Chapter 7 discharges)
  • You want to discharge debts that survived a prior Chapter 7 (Chapter 20 — Chapter 7 followed by Chapter 13)

Eligibility limits

  • Debt limits — As of 2024, total debt under ~$2.75M (combined secured and unsecured) for cases filed after June 21, 2024 — Congress allowed the higher SBRA limits to sunset partially
  • Regular income required — wage earners, self-employed, business owners, retirees with pension/Social Security
  • Tax returns filed — must be current on the past 4 years
  • Credit counseling — required pre-filing certificate
  • No prior dismissal in past 180 days for cause

How the plan works

Your monthly plan payment goes to a Chapter 13 trustee, who distributes to creditors in priority order:

  1. 1Secured debts being cured (mortgage arrears, car loans)
  2. 2Trustee fees (typically 5-10% of plan payments)
  3. 3Priority unsecured (recent taxes, domestic-support arrears)
  4. 4General unsecured (credit cards, medical, signature loans) — receives whatever's left, often pennies on the dollar

What discharges at the end

After successful completion of the plan:

  • Most unsecured debt that wasn't paid in full is discharged
  • Some debts survive (student loans, recent taxes, domestic support, criminal restitution, fraud-based debts)
  • Secured debt is discharged only if the collateral is surrendered or the loan is fully cured

Discharge is broader than Chapter 7 in some ways — Chapter 13 can discharge certain marital-property debts and certain criminal fines that Chapter 7 cannot.

What can go wrong

Most Chapter 13 cases that fail do so because:

  • Debtor stops making plan payments — plan dismissed, creditors come after you again
  • Loss of income mid-plan — plan modification possible but limited
  • Failure to maintain post-petition payments (mortgage, car, support) — relief from stay granted to creditors
  • Failure to file annual income/tax certifications
  • New debt incurred without trustee approval

Only about 1/3 of Chapter 13 cases reach discharge — most are dismissed or converted.

Costs

  • Filing fee: $313 (federal); installment payment allowed
  • Attorney fees: typically $3,500-$6,000 (mostly paid through the plan, not upfront)
  • Credit counseling and debtor education: ~$50 each
  • Trustee fees: 5-10% of plan payments (paid by the debtor, distributed to creditors)

Chapter 7 vs Chapter 13 quick compare

| | Chapter 7 | Chapter 13 | |---|---|---| | Length | 3-6 months | 3-5 years | | Income requirement | Must pass means test | Must have regular income | | Asset treatment | Non-exempt sold by trustee | Keep all assets | | Mortgage cure | No | Yes | | Frequency | 8-year wait | 2-year wait between discharges | | Co-debtor protection | No | Yes (limited) | | Discharge of fraud-based debt | No | No (similar exception) |

What you should do

Chapter 13 cases require ongoing trustee oversight for years — DIY is rarely realistic. New Mexico bankruptcy attorneys typically charge flat fees that are mostly paid through the plan rather than upfront — making representation far more accessible than it sounds. Most offer free initial consultations to assess whether Chapter 7 or Chapter 13 is the right tool.

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This guide is general information about federal bankruptcy law and New Mexico-specific exemptions as of early 2026 and is not legal advice. Median income thresholds, debt limits, and procedural rules update every 1-3 years. Talk to a licensed New Mexico bankruptcy attorney about your specific situation.

More Bankruptcy guides for New Mexico

These guides are for general information only and do not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.