Chapter 7 and Chapter 13 bankruptcies have different requirements for filing. If a person wishes to be eligible for a Chapter 7 procedure, they must either have a residence or domicile in the United States. They may also be eligible if they have a place of business or own property which is in the United States (11 U.S.C. §109(9)).

The person requesting a Bankruptcy may not have been a Debtor in a bankruptcy case at any time within 180 days before the current bankruptcy case if the earlier case was dismissed because of a willful failure of the debtor to abide by orders of the court. The case additionally may not be allowed if the person had an earlier case which was dismissed at the request of the debtor after the filing of a Motion which requested relief from the Automatic Stay (11 U.S.C. §109). The Chapter 7 filer must also have been briefed from an approved non-profit budget and credit counseling agency during the 180 day period before filing of the current bankruptcy Petition in order to be eligible to file for bankruptcy.