Who Is Eligible to File Chapter 7 Bankruptcy?
Tuesday, June 30th, 2009Chapter 7 bankruptcy can provide for a financial fresh start to those who use its power to rid themselves of creditors harassment and headaches – but not everyone is eligible to file for Chapter 7 bankruptcy protection. The following requirements must be met in order to file a Chapter 7 bankruptcy:
- You must complete a a credit counseling session by phone, internet, or in person from an approved counseling agency within the previous 6 months;
- You must have lived in the state in which you are filing for the previous ninety days. If you have not resided in the state for the last ninety days you may file in the state in which you have resided, or where you business is located, or where the majority of your assets have been located for the previous 180 days;
- You filed a bankruptcy that was dismissed within the last 180 days for (1) a failure to obey orders of the court or a failure to make an appearance before the court, or (2) requesting a voluntary dismissal after a creditor asked the Court for relief from the automatic stay;
- Not having filed a Chapter 7 within the last 8 years where a discharge was received;
- Either not have filed a Chapter 13 in the last 6 years where you received a discharge, or have received a discharge in a Chapter 13 but paid 70% or more to your unsecured creditors;
- Average monthly income over the last 6 months is less than the median for your county OR the average monthly income over the last 6 months minus allowable expenses is not enough to pay one quarter of your debt over the next 5 years;
- Not be an insurance company, financial institution, nor a railroad.
These requirements are found in the federal bankruptcy code. If you fail to meet one of the requirements, you may still be able to receive bankruptcy protection by filing in another Chapter.