Who Can File for Chapter 7 Bankruptcy?
An individual, partnership, or corporation may file a Chapter 7 bankruptcy. Legally married persons may file together (which is called a joint bankruptcy). Married persons can file individually, if they so desire. If I am married, can I file bankruptcy by myself and not include my spouse? Yes. Are there situations in which you cannot file a Chapter 7 bankruptcy? Yes. If you were granted a discharge in a previous Chapter 7 bankruptcy and the petition date for the previous Chapter 7 is within six years, you will not be allowed to discharge in a new Chapter 7 case. If you filed a previous Chapter 7 and the proceeding was dismissed within 180 days, you may not be able to go forward with the second filing pursuant to 11 U.S.C. section 109(g). Can I file a Chapter 7 bankruptcy to delay a creditor? No. Rule 9001 of the Rules of Bankruptcy Procedures requires you or your attorney to certify that the bankruptcy is not filed for any improper purpose such as to harass or to cause unnecessary dela