Who Can File Bankruptcy

Can Anyone File Bankruptcy?

Almost anyone can file for bankruptcy protection.  There are a few considerations, but they do not prohibit many bankruptcy filings.  There are a few considerations.  You must have a permanent residence or domicile in a particular state or jurisdiction.  This will determine where you file.  You are not limited by the number of times you can file bankruptcy, but you are relegated to the amount of time in between your filings.  You do not have to achieve a certain level of debt or even be bankruptcy to file bankruptcy.  There are many reasons to file that do not involve debt levels.  You will have to take a credit counseling course as described by the court.  You do not have to be a United States citizen.

There are different requirements for receiving a discharge of debt in bankruptcy.  There are many reasons to file bankruptcy that do not involve a discharge.  They include control of aggressive creditors.  Filing a chapter 13 will delay or limit payments of certain debt obligations like student loans.

Eligibility to file does not automatically mean you can file any chapter you like.  If you qualify to file a Chapter 13, that does not mean you will qualify to file a Chapter 7.

There are many different reasons to file bankruptcy and considerations with filing.  For a more complete picture, talk to a Prescott bankruptcy attorney.