Do I Qualify to File Bankruptcy?

What if I Have Filed Bankruptcy Before?

Individuals or married couples may file a bankruptcy petition.  So may corporations or partnerships, and other types of entities, although only individuals may receive a discharge in Chapter 7 or Chapter 13.  Some qualifications may apply.

Individuals or married couples may file under Chapter 7 and may be eligible to receive a discharge so long as the petitioner has not previously received a discharge in a Chapter 7 case filed less than six years prior.  The same rule applies to filing a Chapter 7 case if the petitioner previously filed (within six years) a Chapter 13 case unless, in the prior Chapter 13 case, he/she/they paid 100% of allowed unsecured claims, or paid 70% or more of allowed unsecured claims and the court specifically found that the 70% effort was the debtor's best under all the facts and circumstances.

Individuals or married couples may file under Chapter 13 regardless of whether the Debtor has previously filed Chapter 13 or Chapter 7.  The Debtor (s) must have some form of regular, disposable, income.  There is a limitation on total unsecured debt, which cannot exceed $250,000.00, and total secured debt, which cannot exceed $750,000.00.

For more specific information see 11 U.S.C. § 109 and 11 U.S.C. § 727(a)(8) and (9)

Return to FAQs