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Who Can File for Chapter 7 Bankruptcy?
To find out how a free online calculator can help you figure out whether you pass the means test, see The Means Test: Is Your Income Low Enough for Chapter 7 Bankruptcy?
For much more information on these new requirements, including detailed worksheets that will help you figure out whether you can use Chapter 7, see How to File for Chapter 7 Bankruptcy, by Attorneys Stephen Elias, Albin Renauer, and Robin Leonard (Nolo).
You Previously Received a Bankruptcy Discharge
You cannot file for Chapter 7 bankruptcy if you obtained a discharge of your debts in a Chapter 7 case within the last eight years, or a Chapter 13 case within the last six years.
A Previous Bankruptcy Was Dismissed Within the Previous 180 Days
You cannot file for Chapter 7 bankruptcy if a previous Chapter 7 or Chapter 13 case was dismissed within the past 180 days because:
- you violated a court order
- the court ruled that your filing was fraudulent or constituted an abuse of the bankruptcy system, or
- you requested the dismissal after a creditor asked for relief from the automatic stay.
You Defrauded Your Creditors
A bankruptcy court may dismiss your case if it thinks you have tried to cheat your creditors or concealed assets so you can keep them for yourself.
Certain activities are red flags to the courts and trustees. If you have engaged in any of them during the past year, your bankruptcy case may be dismissed. These no-nos include:
- unloading assets to your friends or relatives to hide them from creditors or from the bankruptcy court
- running up debts for luxury items when you were clearly broke and had no way to pay them off
- concealing property or money from your spouse during a divorce proceeding, or
- lying about your income or debts on a credit application.
In addition, you must sign your bankruptcy papers under "penalty of perjury" swearing that everything in them is true. If you deliberately fail to disclose property, omit material information about your financial affairs, or use a false Social Security number (to hide your identity as a prior filer), and the court discovers your action, your case will be dismissed and you may be prosecuted for fraud. (For more information, see Tell the Whole Truth When You File for Bankruptcy .)
FAQs
- Are there advantages to filing under Chapter 7?
- What debts will not be eliminated if I file for Chapter 7?
- So if the value of my house is more than the exempt value, will I lose it? What exactly does the above list mean?
- What about if I decide the trustee or creditor is right and I want to change my Chapter 7 bankruptcy. Can we just agree to do it?
- Do exemptions vary much between states?
Bankruptcy and Debt Resources
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TotalBankruptcy.com - Free Case Evaluation by Phone. 7 Days.
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