Chapter 11 Bankruptcy Eligibility  

Diverse eligibility conditions are involved under the various chapters of bankruptcy. Suitable companies and customers can file under Chapter 7 and Chapter 11. Whereas only family farmers are eligible to file under Chapter 12, and only individuals are eligible to file under Chapter 13.

* A person can file under Chapter 11, irrespective of being employed in a business.

*Any companies, joint ventures, restricted accountability companies; production trusts, unincorporated associations and other personnel with a habitation, residence, place of business or property located in the United States are eligible to file a Chapter 11 case, if they are eligible to file a Chapter 7 case.

* Conversely, stockbrokers and product brokers may be considered as Chapter 7 debtors, but they may not be considered as Chapter 11 debtors.

* Whereas railroads may be Chapter 11 debtors, but they may not be considered as Chapter 7 debtors.

*On few occasions, municipalities, banks, and insurance companies may not be Chapter 7 or 11 debtors. But, investment companies for banks or insurance companies may be counted as Chapter 7 or 11 debtors and municipalities may come under as Chapter 9 debtors.

* A debtor can file an unpaid Chapter 11 case and does not necessarily be bankrupt or even incapable to give its overdue amount. An incapability of debtors to pay back overdue debts may be applicable if a debtor challenges an instinctive appeal filed against it.

* Unlike in Chapter 7 where a personage debtor needs to stay for six years between Chapter 7 cases to get the subsequent Chapter 7 release of its debts, there is no similar legal constraint on a Chapter 11 debtor to get consecutive releases in Chapter 11 cases.

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