Who can file a Chapter 7 bankruptcy?
Any individual who has completed an approved credit counseling class within the last six months, and whose income is not enough to partially repay creditors in a Chapter 13. If your income is below the median income for the State of Nebraska, and you are otherwise eligible, you can file a Chapter 7 bankruptcy. As of April 1, 2007, the median income for a one person household in Nebraska is $37,305 a year. If your income is above the median income, you may still be able to file a Chapter 7 bankruptcy, but you will have to show the Court why you dont have enough money to repay your creditors even though you earn more than many other people in Nebraska. There was widespread confusion in the media after Bankruptcy law changes in 2005 about who could file bankruptcy; many people got the mistaken impression that they could no longer file a Chapter 7. You should consult with an attorney to see if you are eligible to file bankruptcy.
In order to file a bankruptcy, the debtor must reside in the location of filing within the greater part of 6 months (91 days). The debtor maybe an individual, married couple, corporation, partnership or trust. The debtor may not have been granted a Chapter 7 discharge within the previous 6 years. The debtor must not have had a previous bankruptcy dismissed for cause within the last 180 days.
