Browse terms
Who can file
Person
In the Bankruptcy Code, "person" includes an individual, a partnership and a corporation. It generally does not include a governmental unit. 1
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The legal meaning is wider than the everyday one in one direction, because businesses count as persons. It is narrower in another, because government bodies are left out, with limited exceptions. The definition matters because of who may file. Only a person that resides in the United States, or has a domicile, a place of business or property here, may be a debtor. Municipalities are covered separately. 1 2
Which chapter is open depends on the kind of person. Individuals, partnerships, corporations and other business entities can file under Chapter 7. Chapter 13 is for individuals with regular income. 3 4
A related word is "entity", which is wider. It includes persons, estates, trusts, governmental units and the United States trustee. 1
Businesses such as corporations and partnerships generally cannot file without an attorney, a requirement that comes from local court rules and that does not apply to individuals. Check with your local bankruptcy court. 5
Common questions
Can a business file bankruptcy?
Do I have to be a U.S. citizen to file?
The Bankruptcy Code's test is not written in terms of citizenship. It asks whether the person resides in the United States or has a domicile, a place of business or property here. Ask a lawyer how it applies to you. 2
Sources
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