Error: Contact form not found.

Chapter 7 Bankruptcy

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

Who Can File for Bankruptcy? Understanding Eligibility Requirements

Who Can File for Bankruptcy and What Are the Rules?

Who can file for bankruptcy is a common question for individuals struggling with overwhelming debt. While bankruptcy is available to most people in the U.S., there are important qualifications you need to understand. Whether you’re considering Chapter 7 or Chapter 13, knowing the eligibility requirements is the first step toward a financial reset.

Basic Eligibility Requirements

When asking who can file for bankruptcy, the general rule is that almost anyone can—individuals, married couples, and even businesses. However, there are a few specific criteria to meet:

  • You must live, do business, or own property in the U.S.
  • You must not have had a recent bankruptcy dismissed for failing to appear in court or comply with orders.
  • You must complete a credit counseling course within 180 days before filing.

These apply to all bankruptcy types, but each chapter—especially Chapter 7 and Chapter 13—has additional qualifications.

Chapter 7 vs. Chapter 13 Eligibility

Not everyone qualifies for both types of bankruptcy. Understanding the difference is critical when asking who can file for bankruptcy.

Chapter 7 Bankruptcy

This is a “liquidation” bankruptcy that erases most unsecured debts such as credit cards, personal loans, and medical bills.

To qualify:

  • You must pass a means test, which compares your income to your state’s median income.
  • If your income is too high, you may be ineligible for Chapter 7 and need to consider Chapter 13 instead.

Chapter 7 is typically best for people with low income and few assets.

Chapter 13 Bankruptcy

Chapter 13 allows you to reorganize debt into a manageable 3–5 year repayment plan.

To qualify:

  • You must have a regular source of income.
  • Your secured and unsecured debts must fall under current federal limits (around $2.75 million total as of 2024).

This chapter is ideal if you want to keep your home or car while catching up on missed payments.

Who Cannot File for Bankruptcy?

While the majority of people can file, some situations will disqualify you. If you’re wondering who can file for bankruptcy, it’s just as important to understand who can’t.

You may be disqualified if:

  • You recently filed for bankruptcy and received a discharge within the waiting period.
  • You didn’t complete the required credit counseling course.
  • You tried to defraud creditors by hiding income or assets.
  • You filed within the past 180 days but failed to appear in court or comply with court rules.

Who Can File for Bankruptcy? Most People Qualify with the Right Guidance

Wondering who can file for bankruptcy? The truth is, most individuals, regardless of citizenship status, are eligible as long as they meet the residency, income, and procedural requirements. From U.S. citizens to legal residents and visa holders, bankruptcy protection is widely accessible. The key is understanding the qualifications and choosing the right chapter based on your financial situation.

Get Help Understanding Who Can File for Bankruptcy

Still unsure who can file for bankruptcy and whether you meet the qualifications? A bankruptcy attorney can evaluate your financial situation, explain your legal options, and guide you through the process step by step.

Connect with experienced professionals at Bankruptcy Attorneys for a free evaluation and discover if you qualify for Chapter 7 or Chapter 13 relief.

Frequently Asked Questions (FAQs)

Anyone can file pro se, but bankruptcy law is complex. Filing on your own increases the risk of mistakes that could delay or dismiss your case.

Yes. Businesses can file under Chapter 7 or Chapter 11. However, Chapter 13 is for individuals only.

You can file again, but waiting periods apply. For example, you must wait 8 years between Chapter 7 filings.

Yes. You don’t need a job to file for Chapter 7. For Chapter 13, you’ll need a consistent income to make payments.

You may still be eligible for Chapter 13. A bankruptcy attorney can help determine the best option for your situation.

Key Takeaways

  • Most individuals, couples, and businesses can file for bankruptcy.
  • You must complete credit counseling and meet income or debt criteria.
  • Chapter 7 requires a means test; Chapter 13 requires regular income.
  • Citizenship is not required, but U.S. residence or business ties are.
  • Legal guidance helps ensure your filing is accurate and approved.

Start Your Free Bankruptcy Evaluation

Step 1 of 6

What is your total debt?

Step 2 of 6

What is your total monthly income?

Step 3 of 6

Do You Own Real Estate?

Step 4 of 6

What is the estimated value of your assets?

Step 5 of 6

Is an attorney or advocate already helping you with your bankruptcy?

Step 6 of 6
By clicking "Submit" you agree that you will be contacted by a legal representative, participating attorney, or affiliate via phone (including autodialers, pre-recorded calls), email or SMS (Msg & Data rates may apply) about your interest in finding an attorney. Consent is not a condition of the services.
CHAPTER 7 BANKRUPTCY
CHAPTER 13 BANKRUPTCY
CHAPTER 11 BANKRUPTCY
FAQ