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Chapter 7 Bankruptcy

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Can Anyone File for Bankruptcy? Who Qualifies and Who Doesn’t

Can Anyone File for Bankruptcy Under U.S. Law?

Can anyone file for bankruptcy in the United States? The answer is yes, for the most part. Bankruptcy is designed to give people a fresh financial start, but there are still rules around who qualifies. If you’re facing overwhelming debt, it’s important to understand whether you meet the requirements before beginning the process.

Bankruptcy Is Available to Most—But Not Everyone

While there’s no specific amount of debt required to file, the law sets certain eligibility rules. Generally, any individual, married couple, or business entity can file for bankruptcy, but there are limitations.

Here’s what’s required:

  • You must reside, do business, or own property in the U.S.
  • You must complete a credit counseling course within 180 days of filing
  • You cannot have had a bankruptcy case dismissed in the past 180 days for failure to appear or comply with court orders

So, while many people can file, the court may reject a filing if you don’t meet basic procedural or legal standards.

Which Type of Bankruptcy Can You File?

When people ask, Can anyone file for bankruptcy, what they usually want to know is whether they qualify for Chapter 7 or Chapter 13—the two most common consumer bankruptcy options.

Chapter 7 Bankruptcy

Chapter 7 is often referred to as “liquidation bankruptcy.” It wipes out most unsecured debts like credit cards, medical bills, and personal loans.

To qualify:

  • You must pass a means test, which compares your income to the median income in your state
  • If your income is too high, you may be disqualified from Chapter 7 and need to consider Chapter 13

Chapter 13 Bankruptcy

Chapter 13 creates a 3–5 year repayment plan based on your income and assets.

To qualify:

  • You must have a regular income
  • Your secured and unsecured debts must fall below legal limits (currently around $2.75 million total as of 2024)

Chapter 13 is often used by those who want to keep a home, vehicle, or other valuable property.

Exceptions and Restrictions to Be Aware Of

Not Everyone Is Eligible Immediately

Even if you qualify in theory, certain situations can delay or prevent filing:

  • Recent filings: If you’ve filed for bankruptcy and received a discharge recently, you may need to wait before filing again.
  • Fraud or abuse: If you tried to hide assets or defraud creditors, the court can deny your discharge or bar you from filing.
  • Citizenship isn’t required, but you must have a physical U.S. presence and legal rights to file (e.g., valid visa or residency status).

Can Anyone File for Bankruptcy Without a Lawyer?

Yes, technically. You can file pro se (on your own), but bankruptcy law is complex. A small mistake can lead to delays, asset loss, or dismissal of your case. Many people choose to consult a bankruptcy attorney to avoid these pitfalls.

Get Help Understanding If You Can File for Bankruptcy

Still wondering, can anyone file for bankruptcy? For most people struggling with debt, the answer is yes, but determining the right chapter, timing, and legal approach takes guidance.

The professionals at Bankruptcy Attorneys offer free evaluations to help you decide whether bankruptcy is right for you and which chapter you qualify for.

Frequently Asked Questions (FAQs)

Yes. Having a job doesn’t disqualify you. In fact, it’s required for Chapter 13 and doesn’t automatically disqualify you from Chapter 7.

In many cases, yes. Citizenship isn’t required, but you must reside in the U.S. and meet all legal requirements.

Yes. If you fail the means test, don’t complete credit counseling, or your case appears fraudulent, your filing can be denied.

Yes, but there are waiting periods between discharges (e.g., 8 years between Chapter 7 filings).

You may be eligible depending on how long it’s been and which chapter you filed under previously. An attorney can clarify your timeline.

Key Takeaways

  • Most people can file for bankruptcy, but eligibility depends on your income, debts, and past filings
  • Chapter 7 requires a means test; Chapter 13 requires regular income
  • Citizenship isn’t required, but legal presence and residency are
  • Bankruptcy can be filed without a lawyer, but expert help is recommended
  • Filing more than once is possible with certain time-based restrictions

Start Your Free Bankruptcy Evaluation

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