What *Aren’t* the Requirements to File for Bankruptcy?
By Brett Weiss, Maryland Bankruptcy Attorney on Apr 25, 2007 in Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Maryland
A number of blogs discuss the requirements you must meet before you can file for bankruptcy. But what are some the requirements that don’t exist?
1. You don’t have to be a US citizen. The Bankruptcy Code imposes no citizenship requirement on bankruptcy filers.
2. You don’t have to live in the US to file. I have filed many cases for people who live outside the US to deal with their US debt.
3. You don’t have to be in the US legally. There is no requirement in the Code that you have to have legal status in the US.
4. You don’t have to be eligible to vote. This means that even felons can file (and many incarcerated prisoners do file).
5. You don’t have to have a Social Security Number. The Code doesn’t require that you have one as a condition of filing.
6. You don’t even have to be an adult. I’ve filed Chapter 13’s for a 10 year old orphan, and a 10 month old infant (just last year), and got both plans confirmed.
7. You don’t have to have a certain amount of debt. Technically, you could file for bankruptcy if you had $1.00 of debt. It would be a pretty dumb thing to do, but there is no prohibition in the Code against it.
If you liked that post, then try these...
Bankruptcy Court, Debtor Ball Three by Eugene S. Melchionne, Connecticut Bankruptcy Attorney
Is The Cash Value of My Life Insurance Policy Protected If I File Bankruptcy in New York State? by Peter Orville, Attorney at Law
Favorable Ruling For Debtors In Jones v. Wells Fargo Bank Upheld by Kevin Gipson, New Orleans Bankruptcy Attorney
You must be logged in to post a comment.