Who Can File Chapter 7 Bankruptcy?
You must reside or have a domicile, a place of business, or property in the United States or a municipality. You must not have been granted a Chapter 7 discharge within the last 6 years or completed a Chapter 13 plan. 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.
Other Divorce and Bankruptcy FAQs
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Q:
Does My Divorce Decree Protect Me If My Ex-Spouse Has Filed For Bankruptcy And She Has Listed Me As A Co-Signer On A Schedule D?
A: If you are contractually bound with your exspouse on a debt, the creditor can require the entire payment of that debt from your share of the community property … More -
Q:
Is One Spouse Liable For The Debts The Other Incurred Before The Marriage?
A: This depends on the state in which the married couple lives, but in general the answer is no. In states where community property (property owned in common by both … More -
Q:
What Is Bankruptcy?
A: Bankruptcy is a legal method of eliminating debt and providing a means for debtoppressed people to obtain a fresh start. In many cases, bankruptcy means the … More -
Q:
What Effect Does Bankruptcy Have On Child Support?
A: Filing for bankruptcy protection does not allow your ex to discharge past due child support obligations. Any back payments owed for child support cannot be included as … More -
Q:
Why Is It Legal To Wipe Out Our 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 multibillion dollar corporate bailouts, easy … More -
Q:
Will I Have To Give Up Any Of My Property To My Creditors?
A: The vast majority of filers get all or most of their debts discharged (wipedout) without giving up any of their own property. This is because federal as well … More -
Q:
Are Some Of My Debts Not Dischargeable?
A: Some kinds of debts are not dischargeable, which means that you will remain obligated to repay them even after you complete your personal bankruptcy. Examples of … More -
Q:
What Is A Chapter 13 Bankruptcy?
A: Under a chapter 13 bankruptcy, a debtor proposes a 35 year repayment plan to the creditors offering to pay off all or part of the debts from the debtors` future … More -
Q:
When Is A Chapter 13 A Better Alternative Than A Chapter 7?
A: There are several situations where a chapter 13 is preferable to a chapter 7. A chapter 13 bankruptcy is normally for people who have too much income to file a Chapter … More -
Q:
How Quickly Will My Creditors Get Notice Of My Bankruptcy?
A: Within a couple of weeks of the filing of your petition, the bankruptcy court clerk mails your creditors notice of the filing and the imposition of the automatic stay. … More
