Filing Chapter 7 bankruptcy can provide you with a fresh start and end a lot of hassles and headaches, but there are some barriers to filing a Chapter 7 bankruptcy. In order to file a Chapter 7 Bankruptcy you must meet all of the following requirements:

- You must finish a credit briefing session in person, by phone, or on the internet from a court-approved counseling agency within the previous 180 days;

- The state in which you are filing must have been your place of residence for the previous 90 days. If you have not resided in the state for 90 days then you may file in the state where the majority of your assets have been located for the last 180 days or where your principal of business is located;

- You have not had a previous bankruptcy dismissed within the last 180 days for (1) failure to appear before the court of failure to obey court orders, or (2) voluntary dismissal after a creditor requested relief from the stay;

- Not having filed a Chapter 7 within the last 8 years where a discharge was received;

- Either not have filed a Chapter 13 in the last 6 years where you received a discharge, or have received a discharge in a Chapter 13 but paid 70% or more to your unsecured creditors;

- Average monthly income over the last 6 months is less than the median for your county OR the average monthly income over the last 6 months minus allowable expenses is not enough to pay one quarter of your debt over the next 5 years;

- Not be an insurance company, financial institution, nor a railroad.

These requirements are found in the federal bankruptcy code. If you fail to meet one of the requirements, you may still be able to receive bankruptcy protection by filing in another Chapter.