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Qualifications For Filing Chapter 7 Bankruptcy In Minnesota

NOTICE: Whether you can file for chapter 7 bankruptcy in Minnesota is usually something that an experienced bankruptcy attorney can help you determine. There are many requirements and reasons that the chapter 7 trustee, the U.S. Trustee, or a creditor may use to object to the filing of a bankruptcy, and it would be nearly impossible to list every single one of them here.

With that initial caveat, the general requirements for receiving a chapter 7 bankruptcy discharge as a a consumer debtor (as opposed to a business debtor or an individual with mostly business debts) are:

  1. Your household income must be below the median income for similarly sized household in Minnesota, or you must pass the Means Test;
  2. You must take a credit counseling course within 180 days prior to filing (we can provide you with information on where you may take them);
  3. You must file your Petition, Schedules, Statements, and Credit Counseling Certificate with the Bankruptcy Court;
  4. You must attend the Section 341 Hearing/Meeting of the Creditors; and
  5. You must take a financial management course within a certain time after your have filed your case.

Even if you meet the above requirements, however, the following restriction also apply:

  1. You must not have filed a prior chapter 7 bankruptcy (where you received a discharge) within the past eight years;
  2. You must not have received a discharge under chapter 13 within the past six years; and
  3. You must not have previously attempted to defraud the Bankruptcy Court or creditors in a bankruptcy proceeding, or otherwise be barred by order of the Bankruptcy Court from filing;

Businesses and individuals with mostly business debts are not subject to the income requirements, and therefore may qualify for chapter 7 bankruptcy without being under the applicable median income or passing the means test.

An experienced Minnesota bankruptcy attorney can discuss each of these steps in more detail and help you determine whether you would be able to receive a chapter 7 bankruptcy discharge. Please contact us, use our online scheduler to setup a free consultation, or submit your information for review by an experienced Minnesota bankruptcy attorney if you would like to get started.

To learn more about how much filing a chapter 7 bankruptcy costs, click the 'Next Article' button.

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