Who can file Chapter 7 bankruptcy?
You must reside or have a domicile, a place of business, or property in the United States. You must not have been granted a Chapter 7 discharge within the last 8 years. You must not have had a bankruptcy filing dismissed for cause within the last 180 days. It must not be a “substantial abuse” of bankruptcy to grant the debtor relief. Generally speaking, if after you pay the monthly expenses for necessities there is not enough money to pay the remaining monthly debts, then granting a discharge would not be an abuse of Chapter 7. It would not be fundamentally unfair to grant the debtor relief under Chapter 7 or Chapter 13. (BACK TO TOP) Q: Why is it legal to “wipe out” your debts? A: More so than in any other time in our country’s history, our economy is based on consumer debt. In fact, in this age of multi-billion dollar corporate bailouts, easy credit and relentless bombarding of seductive messages cajoling us to “charge, consume, buy” it is not surprising that so many people are drown
You must reside or have a domicile, a place of business, or property in a jurisdiction in the United States. You must not have received a Chapter 7 discharge within the last 6 years. You must not be restricted from filing another case by the bankruptcy court (an example of such restriction is when a case is dismissed with prejudice for a period of time). It must not be a substantial abuse of bankruptcy to grant the debtor relief. For the most part, if after you pay reasonable monthly expenses for necessities there is not enough money to pay the remaining monthly debts, then granting a discharge would not be an abuse of Chapter 7.
