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Can I file for bankruptcy if I am not currently behind on any payments? (Credit cards, loans or mortgages

Hastings, NE |

Am I eligible to file for bankruptcy? I am thinking of filing bankruptcy because I haven't been able to sell the house I bought in 2007. However I am not behind on any of my bills, does this mean I would be eligible to file for bankruptcy?

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Attorney answers 3


Are you eligible to file for bankruptcy if you are not behind on your bills? Yes, you can file. But, I'm not certain, based on the few details in your posting, that it is your best option. I am only guessing that you are thinking of filing a chapter 7 so that you can surrender the house. Again, I think there may be better options and I reccomend that you get a consultation from an experienced bankruptcy attorney to go over your situation.

Best of luck.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.


You do not have to be behind in any of your obligations to be eligible to file for bankruptcy. It may actually help you rehabilitate your credit after you file.


Being current or late on your bills has nothing to do with whether or not you are eligible to file for bankruptcy. There are tests that will have to be done on whether you can or can't repay your debts. You are eligible to file for bankruptcy, but we can't tell you if you meet the requirements for bankruptcy. An experienced bankruptcy attorney will assist you in these calculations. Please consult a local bankruptcy attorney to assist you in your case.