Can anyone file for bankruptcy? 17 Answers as of June 08, 2011

I am not knowing what chapter to fill out. Are there certain things that I need to file or is anyone allowed to go through?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Ch 7 is available to individuals who reside, have a business or own property in the US. Ch 13 is available to individuals and small businesses BK debtors only. Corporations or partnerships are not eligible to file Ch 13. Moreover, Ch 13 is restricted to individuals whose unsecured debts are $336,900 or less and secured debts are $1,010, 650.00 or less.
Answer Applies to: Washington
Replied: 6/7/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
Bankruptcy is not something that merely anyone can or should file. To qualify for a chapter 7 you must pass a means test. This is an accounting to show whether you have the means to pay something back to your creditors. To qualify for a chapter 13 you must have regular income. There are specific advantages to each one. You should speak with an attorney to discuss the details of your case and which chapter would be right for you.
Answer Applies to: Arizona
Replied: 6/7/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Yes, anyone can file bankruptcy. As far as what chapter to file, this is a legal question that is best answered by an attorney. I would suggest you contact an attorney in your area and have a face to face consult to determine how to maximize the benefits a BK can provide. These initial consults are free at my offices and usually free with other attorneys.
Answer Applies to: California
Replied: 6/8/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Not everyone can file for any type of Bankruptcy. There are 4 different types, and more than one may apply to the same person. You should seek the advice of a Bankruptcy Attorney to determine what you qualify for, and which will give you the best outcome.
Answer Applies to: New Hampshire
Replied: 6/8/2011
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
Any individual is entitled to bankruptcy protection. However, see a bankruptcy attorney in your area to learn about qualifying and the various types of bankruptcy available to you.
Answer Applies to: California
Replied: 6/7/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Section 109 of the bankruptcy code defines who may be a debtor. Generally, if you haven't had a bankruptcy within the prior eight years you are eligible. As to which chapter of bankruptcy should be filed it is best to seek advice of an attorney.
    Answer Applies to: California
    Replied: 6/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Almost no one gets a choice. There are many requirements that disqualify you for certain chapters. Guess wrong and you can lose your assets and keep your debts. Do NOT try a case pro se. Get a lawyer who can determine what you actually can and should file.
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    Can you file? Yes. Should you file? That's a much tougher question. Lots of factors need to be taken into consideration before deciding whether or not to file for bankruptcy protection. Sit down with a qualified attorney and discuss this. Many attorneys will do a bankruptcy consultation at no charge.
    Answer Applies to: Pennsylvania
    Replied: 6/7/2011
    Baldwin, Valley & Wallace
    Baldwin, Valley & Wallace | Helen Clare Wallace
    Most people are eligible to file some type of bankruptcy. For particular answers to your situation, please feel free to contact me.
    Answer Applies to: Ohio
    Replied: 6/6/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    You should consult a lawyer. There are limits on how much debt you can owe and how much income you earn that determine which chapter works for you. Individuals or couples may file, and citizenship is not required.
    Answer Applies to: Virginia
    Replied: 6/6/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Anyone with a valid social security number can file for bankruptcy. You need to sit with a qualified practitioner to determine which chapter best suits you and whether bankruptcy is right for you.
    Answer Applies to: California
    Replied: 6/6/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The services of an attorney can help you. There are different chapters and not everyone applies to each person. If you are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/6/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Anyone has the legal right to file bankruptcy. Whether you should is based on such considerations as what assets you have, whether you can protect them with exemptions, if your income level allows you to file a Chapter 7 or a Chapter 13, or if there are reasons why you file a Chapter 13 instead. A good bankruptcy attorney in your area can give you answers to address your specific case.
    Answer Applies to: California
    Replied: 6/6/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    There are eligibility requirements for each chapter. You need to consult with a qualified bankruptcy attorney to figure out what you are able to do and which is your best option.
    Answer Applies to: California
    Replied: 6/6/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    Consult an attorney to determine if you qualify for bankruptcy and which chapter.
    Answer Applies to: Washington
    Replied: 6/6/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    Bankruptcy is a relatively complicated area of law. In general, you should hire an attorney to help you determine what chapter to file under, and to help ensure that your forms and schedules are correctly completed.
    Answer Applies to: California
    Replied: 6/6/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Yes, anyone may file for bankruptcy, as long as they qualify with regard to certain financial issues, such as what are your income and expenses, what assets do you have, etc.? Your question is somewhat vague, so its rather difficult to answer it precisely.
    Answer Applies to: California
    Replied: 6/6/2011
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