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A debtor in bankruptcy is defined by statute as an individual, corporation
or partnership that is authorized to file bankruptcy
under 11 U.S.C. 109(a). This section permit a U.S. citizen, or a
person or entity owning property within the United States or U.S.
territories, to be a bankruptcy debtor.
A husband and wife may file jointly under one petition during their
marriage, however, after divorce, each must file a separate petition on
their own behalf. Under new laws however, an individual may not be a
debtor in bankruptcy under Chapter 7 unless passing a three pronged
income test (The controversial "means testing" requirement is but one of
these three tests).
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