Who can file for bankruptcy in Arizona?

Any individual or business residing, domiciled, or owning property or a place of business within the United States may file for bankruptcy.  Meeting any one of these criteria is sufficient; there is no requirement of citizenship, or even insolvency, to file bankruptcy.  In some cases a trustee may be able to file on behalf of a trust, or an attorney or relative may be able to file on behalf of an incompetent person in a Chapter 7 case.  Even persons not able to be present because they are on active military duty in a combat zone may file.  However, while there is a very low restriction on those individuals that may file, there are still circumstances that can disqualify an individual that is otherwise qualified to file.

With very limited exceptions, an individual must first complete a credit counseling briefing from an approved budget and counseling agency within the 180 day period before filing.  This briefing can generally be completed either in person, online, or over the telephone.   Also, in very limited circumstances, a debtor’s Chapter 7 bankruptcy can be dismissed after filing if the court finds that granting relief under the bankruptcy code would be an abuse of its provisions.   There are also limitations to filing for debtors that have filed within the past 180 days and had their case either voluntarily or involuntarily dismissed. This is not an absolute ban and there are several exceptions that will allow a new filing even if there have been recent prior filings.

Keep in mind however, that the right to file does not guarantee the discharge of debts.  Before filing, you may want to consult a qualified bankruptcy attorney to go over your situation with you to make sure you meet all the requirements before beginning the process.