What are the Requirements to file for Bankruptcy?

Anyone, whether or not a US citizen may file for bankruptcy as long as he/she has property, resides in the US or has a business in the US.  The individual does not even need to live in the US as long as they have assets in the US.  Children can file either through a court-appointed guardian (Guardian ad Litem) or through a close relative or family member who knows the financial situation of the debtor (called “Next of Friend”).  Similarly, disabled, elderly or incompetent people can file through Next of Kin or a Guardian.  There are also restrictions on filing if you have already filed for bankruptcy in the past and various other rules under chapter 7.

In a chapter 7 Bankruptcy:

1.  If within the past 180 days the debtor willfully failed to abide by a court order or appear before the court and the case was dismissed.

2.  If within the last 180 days he/she had a case voluntarily dismissed.

3.  These provisions are in place to prevent debtors to continually file for bankruptcy for protection under the automatic stay.