You must complete Credit Briefing, by internet, phone or in person, from an approved nonprofit budget and credit counseling agency within 6 months before filing. See 11 U.S.C. §109(h)(1).

You must be a resident in the state in which you are filing for the last 90 days.  If you have not resided in the state that long, you can only file in the state where you have resided, or which has been your principal place of business or which has been the location of your principal assets for the majority of the last 180 days. See 28 U.S.C. §1408

You cannot file within 180 days after dismissal of a previous case if that case was dismissed because (1) you failed to obey court orders or failed to appear before the court, or (2) you requested that the case be dismissed after a creditor requested relief from the automatic stay. See 11 U.S.C. §109(g).

You must not have received a discharge in a previous Chapter 7 case filed within the last 8 years. See 11 U.S.C. §727(a)(8). If you have filed a previous Chapter 7 it must have been filed before April 26, 2016, 8 years from today, to be eligible to file another Chapter 7.

You must not have received a discharge in a previous Chapter 13 case filed within the last 6 years. This restriction may not apply if the prior Chapter 13 paid 100% of unsecured debt, or 70% of unsecured debt and the plan was in good faith and it was the debtor's best effort. See 11 U.S.C. §727(a)(9). If you have filed a previous Chapter 13 it must have been filed before April 26, 2018, 6 years from today, to be eligible to file a Chapter 7.

It must not be considered an abuse for you to file Chapter 7. See 11 U.S.C. §707. One of our experienced attorney’s will be able to advise you whether it would be considered an abuse for you to file after reviewing your circumstances in detail.

You must not be a railroad, financial institution or insurance company.