Earned Income

• To file for Chapter 7 bankruptcy, your family income must be less than the median income for your family size in the state where you live. If your income is over the median you will need to pass a means test to determine if you have money enough to fund a Chapter 13 repayment plan. You calculate your income for qualification based on an average of your income over the last six months.
  
  

Disposable Income

• In order to file a Chapter 7 bankruptcy you cannot have disposable income enough to fund a repayment plan of any type. The U.S. trustee will look at a list of all of your allowable expenses after the discharge and compare them with your income. If the trustee feels that you have money enough left over to fund a partial repayment plan he may not allow you to file for a Chapter 7 bankruptcy.
  
  

Length of Time Since Last Filing

• To file for a Chapter 7 bankruptcy you must not have received a discharge of your debts under a Chapter 7 for the last eight years. You must not have received a discharge under Chapter 13 within the last six years. You also cannot file for a Chapter 7 if you have had a bankruptcy filing dismissed within the last 180 days for fraud or violation of a court order.
  
  

Fraud

• You cannot file for a Chapter 7 bankruptcy if you have committed fraud. An example of fraud include transferring assets to hide them from the bankruptcy court. The court may also find that you committed fraud if you ran up debts for luxury items when you had no means to pay for them. Fraud also includes not disclosing assets or income on your bankruptcy filing paperwork.
  
  

Credit Counseling

• All people filing for Chapter 7 bankruptcy must have undergone credit counseling in the last 180 days before they file. The counseling looks at income and debts to see if there is any way possible to repay your bills. If the credit counseling suggests a repayment plan, this plan must be submitted to the bankruptcy court at the time that you file.
  
  

Filing Fees

• The fee for filing for a Chapter 7 bankruptcy is $299 as of November 2010. This fee must be paid in advance before the court will accept the filing documents. In certain cases the court may rule a hardship exists and will waive the fees. Although you don't need a lawyer, if you retain an attorney she will require payment in full of her fees before she files your bankruptcy paperwork for a Chapter 7.