How Old Must I Be To File Bankruptcy?

Technically, there is no age requirement for filing bankruptcy.  The bankruptcy code does not explicitly spell out how old someone must be to file Chapter 7 or Chapter 13.  However, most state laws indicate that an individual under the age of legal majority (18 in many states, 17 in Texas) is unable to file a legal proceeding on his or her own behalf.  This means that, in most cases, children cannot be legally bound to debt and would have no reason to file for bankruptcy.  However, debt incurred after the age of legal majority would be fair game for creditors.

The prospect of filing bankruptcy brings to mind many questions.  At the Fears | Nachawati Law Firm, the attorneys have seen all sorts of scenarios, from beginning to end.  More than likely there is someone at the firm who can answer your specific question based on the law as well as professional experience.