Chapter 7 Eligibility

Chapter 7 Eligibility

Eligibility for Relief: A person (individual, partnership, or corporation) that resides or has a domicile, a place of business, or property in the United States may be a debtor under Chapter 7, unless specifically excepted. Bankruptcy Code § 109(a), (b)

a. Exceptions: The following persons are not eligible to be debtors under Chapter 7 Bankruptcy Code §109(b)

(1) Railroads: Bankruptcy Code §109(b)(l)

(2) Domestic banks, insurance companies, credit unions, savings and loan associations, building and loan associations, homestead associations, cooperative banks, and other similar institutions Bankruptcy Code §109(b)(2)

(3) Foreign banks, insurance companies, and other similar financial institutions, that are engaged in business in the United States. Bankruptcy Code § 109(b)(3); and

(4) An individual or a family farmer who was a debtor in a case that was dismissed in the preceding 180 days because of the debtor's intentional failure to obey court orders or to appear before the court, or because of the debtor's request for a voluntary dismissal of the case following a party's request for relief from the automatic stay. Bankruptcy Code §109(g)

Lien avoidance


	Chapter 7&13 If you qualify STOP Creditor Harassment Stop utility shutoffs eliminate payments on unsecured debts. Improve bad credit Surrender car, and other secured collateral without incurring a "deficiency" For Chapter 13 cases with wage order and balance paid through a trustee as part of a partial re-payment plan and not paid directly to the attorney. Court filing fee is extra. Emergency Petitions filed Ask to see a statement of clients rights and responsibilities Free Consultation Reasonable rates**