Who is allowed to file a Chapter 7 bankruptcy?
• You must reside in Rhode Island for at least 6 months prior to filing. • You must not have been granted a Chapter 7 discharge within the last 6 years or completed a Chapter 13 plan. • You must not have had a bankruptcy filing dismissed for cause within the last 180 days. • It must not be a “substantial abuse” of Chapter 7 to grant the debtor relief. If after you pay the monthly expenses for necessities there is not enough money to pay the remaining monthly debts, then granting a discharge would not be an abuse of Chapter 7. • It would not be fundamentally unfair to grant the debtor relief under Chapter 7.
