Not every one is eligible to file a Chapter 7 Bankruptcy. Some of the eligibility requirements to file a Chapter 7 Bankruptcy case is that you must have not filed a Chapter 7 and received a discharge in the prior 8 years before filing of the current case. You cannot also have received a Chapter 13 discharge within 6 years of filing the current case. Those are basic requirements as far as filing. Also, we have to look at your income and your expenses. In 2005 Congress changed the bankruptcy law to make it more standardized and we have to fill out a form, it’s called a B22 form where we list your 6 months of gross income as well as income and expenses associated with your family size, and where you live. And after we do that, if you’re below a certain level, you’re eligible to Chapter 7 Bankruptcy. The theory behind this is, if you can afford to pay something back towards your unsecured debt, then the Courts and the Congress want you to go instead with a Chapter 7 to a Chapter 13 Bankruptcy plan which is a repayment plan.
