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.