Who May Be A Bankruptcy Debtor?

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).