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Bankruptcy Requirements

There are some restrictions on who can file for bankruptcy protection in the United States. In order to be eligible, you must live, have a residence, place of business or property in the country. You must take a means test to determine if you are eligible for Chapter 7 Bankruptcy or if you will have to file under Chapter 13. The means test, along with a requirement for credit counseling, was added to the bankruptcy process by the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).

For Chapter 7, you must not have been granted a discharge under Chapter 7 or completed a Chapter 13 repayment plan in the past 6 years. You also must not have had a bankruptcy filing dismissed for cause in the past 180 days.

Requirements under Chapter 13 Bankruptcy require that you have a regular income, have less than $250,000 in unsecured debt and less than $750,000 in secured debt.

Your Next Steps

Once you decide if you can file, the next step is figuring out How To File Bankruptcy. Your best bet is to consult a bankruptcy attorney who can evaluate your case for free and advise you how to proceed.


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