Law Offices of:
Robert N Zimmerman, Jr.
(813) 655-4900                                           
1106 N Parsons Ave., Ste 202                                                                                        
Brandon, FL 33511



                                                                                                 Free Consultation, including consultation by phone
                                                                                                 Want to talk about bankruptcy without being pressured?  
                                                                                                 Write my number down or email questions to bobz765@yahoo.com 
                                                                                                 Serving Hillsborough, Pasco and Pinellas Counties

        Robert N. Zimmerman, Jr. (813) 655-4900
                                                                             

Can I File Bankruptcy?
Even if you can be a debtor
in Bankruptcy, the correct chapter is also an issue.

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Can I file Chapter 7 or 13

                                                             Who may be a debtor in bankruptcy 
This question is important because it's not helpful and possibly harmful to file a bankruptcy petition if the person  can not be a debtor in bankruptcy. It is §109 of the Bankruptcy Code which states, in pertinent part that "...only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title."
Another bar to an individual being a debtor in bankruptcy under Title 11 is found in §109(g) which states:

(g) Notwithstanding any other provision of this section, no individual or family farmer may be a debtor under this title who has been a debtor in a case pending under this title at any time in the preceding 180 days if—

(1) the case was dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case; or

(2) the debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay provided by section 362 of this title.

It should also be noted that an individual may be barred from filing if a prior bankruptcy was dismissed and an order from the bankruptcy court in the prior case indicates that the individual is not permitted to refile.

One other requirement now in place is the Pre-Bankruptcy Credit Counseling. Many organizations offer this service on the web. A certificate is issued showing that the person completed the counseling.

Assuming the above bars do not apply, as a practical matter, the individual is still going to need a social security number issued from the Social Security Administration.

There has been some confusion that arose when the Bankruptcy Code was amended in year 2005. Many people thought it became more difficult to file bankruptcy. That is not entirely true. Instead, it became more difficult for an individual with primarily consumer debt to proceed under Chapter 7 of the Bankruptcy Code. This brings us to the Means Test. 

                      
Next Page for Means Test Information


The author of this website is a lawyer licensed to practice in the state of Florida and the U.S. District Court, Middle District of Florida. It is against the law and unethical to provide legal advice or otherwise practice law in a venue where the attorney is not licensed. All of the bankruptcy information contained in this website is provided for educational purposes only. Please bear in mind that state law effects bankruptcy issues. General education helps people understand bankruptcy but it is not a substitute for legal advice by a competent attorney licensed in the state and the Court where a person files bankruptcy. Further, not all Bankruptcy Courts interpret the U.S. Bankruptcy Code the same way. Consequently, counsel familiar with the court that the petition is filed in is very important. 


Robert N. Zimmerman, Jr.                                         The Hiring of a Lawyer                           We are a debt relief agency
Offices in Brandon Florida                                         is an important decision                        We help people file for bankruptcy 
1106 N Parsons Ave.  Ste. 202                                that should not be based                        Under the U.S. Bankruptcy Code   
Brandon, FL 33510                                                   on advertising alone 


bobz765@yahoo.com