Identification

• Chapter 7 bankruptcy allows a broad range of debtors to file for debt relief. The debtor can be an individual person, a corporation or a partnership.
  
  

Considerations

• A "means" test may be required to file chapter 7. If the person filing has a monthly income higher than the state average, a means test must be taken. The test determines the person's income over the last five years to validate if the case may be abusive. If the court determines the case should not be filed, it can be dismissed or transferred to chapter 13 bankruptcy.
  
  

Considerations

• To file chapter 7, the debtor must have participated in credit counseling from an approved service within 180 days prior to filing.
  
  

Time Frame

• A debtor cannot file for bankruptcy if a prior bankruptcy case was dismissed within the previous 180 days because the person did not comply with court requirements or if the debtor did not appear for a scheduled court date.