Who may file bankruptcy?

     Just about anyone can file a petition in bankruptcy.  Any individual who resides, is domicled or has property or a place of business in the United States can file a Chapter 7 Bankruptcy.  It is not even necessary that you be a U.S. citizen.  Otherwords, you do not even have to reside in the United States, as long as you own some type of property in the United States.  Corporations and partnerships are also able to file a Chapter 7 Bankruptcy, as they too are considered to be a person or separate entity.  However, there are limits to where you can file.  You must file in the judicial district in which you reside, are domiciled or have property or a principal place of business for 6 months prior to the petition being filed or for the longer portion of that 6 month period.  It should be pointed out that you can only file a Chapter 7 every eight years in order to receive a discharge of most of your debts.

     A person may file a Chapter 13 Bankruptcy if they are an individual, who resides, is domiciled, or has property or a place of bunsiness in the United States.  Such individual must have a regular source of income that will allow them to make their Chapter 13 plan payments.  As mentioned above, it should be pointed out that a person who has received a discharge in a Chapter 7 can receive a discharge in a Chapter 13, as long as four years separates the time periods of the filing of the prior Chapter 7 and the filing of the Chapter 13.