What Can Disqualify You From Bankruptcy in Minneapolis

Most people can file, but certain circumstances may temporarily or permanently prevent filing. Here is what Minneapolis residents need to know.

Prior Bankruptcy Filings

The most common barrier. Time limits between discharges under 11 U.S.C. section 1328(f) and section 727(a)(8):

Ch. 7 after Ch. 7: 8-year wait from prior filing date
Ch. 7 after Ch. 13: 6-year wait (unless 100% or 70% good-faith repayment)
Ch. 13 after Ch. 7: 4-year wait
Ch. 13 after Ch. 13: 2-year wait

Use the 1328(f) discharge screener to check your eligibility.

Recent Case Dismissals

Dismissal within 180 days for willful failure to appear or voluntary dismissal after a stay relief motion may bar re-filing.

Dismissals also affect automatic stay protection:

One dismissal in past year: Stay expires after 30 days unless extended by court
Two+ dismissals in past year: No stay at all unless court imposes it

Means Test Failure (Chapter 7 Only)

If income exceeds the Minnesota median ($62,458 for 1 person) and you have too much disposable income, Chapter 7 may not be available. But you can:

File Chapter 13 instead (no income limit)
Wait until income decreases
Work with an attorney to maximize deductions

Other Barriers

Missing credit counseling: Required within 180 days before filing
Missing tax returns: Must have filed for the 4 most recent years
Fraud or abuse: Court can dismiss for bad faith under section 707(b)
Debt limits (Chapter 13): Combined debts over $2,750,000 disqualify from Chapter 13
Not an individual: Only individuals can file Chapter 13

Frequently Asked Questions

What disqualifies you from filing bankruptcy?

Common barriers: prior discharge within time limits (2-8 years depending on chapters), recent dismissals, failure to complete credit counseling, missing tax returns, and means test failure for Chapter 7.

Can I file if I already filed before?

Yes, after the applicable waiting period. Use the 1328(f) screener at 1328f.com to check eligibility.

What if my case was dismissed?

You can usually re-file, but dismissals within the past year reduce or eliminate automatic stay protection.

Can I file if I make too much money?

Failing the Chapter 7 means test (Minnesota median: $62,458) only blocks Chapter 7. Chapter 13 has no income limit.

What if I have not filed tax returns?

You must file returns for the past 4 years. The court will likely dismiss your case without them.