Bankruptcy basics
The debtor: who can file for bankruptcy
Who can file a bankruptcy case, what can bar you from filing, and what each chapter requires.
The debtor is the person who files the case
Once your case is filed, you are the debtor. You have to qualify twice: first to file at all, then for the chapter you file under.
The requirements to file a bankruptcy case are few
A connection to the United States
One of these must be true:
- You reside in the United States.
- Your domicile is in the United States.
- You have a place of business in the United States.
- You own property in the United States.
A credit counseling course
You must also complete a credit counseling course.
A prior bankruptcy case can bar you from filing
Even if you qualify, you can be barred from filing for 180 days or more. Each bar comes from a prior bankruptcy case, usually more than one.
Barred for cause
The bankruptcy court can bar you from filing for a limited time for cause. It can do this on its own or at the request of another party, usually the trustee or a creditor.
Cause generally means abusing the bankruptcy system. Probably the most common abuse is filing several cases that are all dismissed.
180 days after a dismissal for not following court orders
You cannot file for 180 days after a prior case was dismissed, if the court dismissed it for your willful failure to follow its orders.
180 days after a dismissal you asked for
You may be barred for 180 days, under any chapter, if a creditor filed a motion for relief from the automatic stay in your prior case, you then asked the court to dismiss the case, and the court did.
The automatic stay →Tell me about every prior bankruptcy case, including a dismissed one.
Each chapter has its own requirements
Chapter 7
To file under Chapter 7 you must pass the means test. If you pass, you must still satisfy the totality of circumstances test and the good faith test.
These tests are meant to prevent abuse of the bankruptcy system.
The means test →Chapter 13
To file under Chapter 13 you must have a regular source of income. Your unsecured debts and your secured debts must each be under a limit on the day you file.
A successful Chapter 13 case has more requirements than these.
Understand Chapter 13 →More bankruptcy basics
We review whether you can file during a scheduled consultation
We look at your debts, income and property.
Consumer cases start with a free consultation by phone, Zoom or in person, with a consultation agreement signed first. If you leave a message, please leave only your name and number.
This page is general information, not advice about your case.