Can you file bankruptcy if you are not a homeowner?

UPDATED: Jul 1, 2014

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Can you file bankruptcy if you are not a homeowner?

I am 24 and have little to no knowledge of bankruptcy. My husband and I are in over our heads in debt. We are constantly hounded by debt collectors for medical bills, student loans and personal loans to name a few. We however do not own a home, so we are not homeowners. Currently, we are unable to satisfy all of our debts to the people we owe. Are we still eligible to file bankruptcy or what other options do we have?

Asked on July 1, 2014 under Bankruptcy Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First of all, you do not need to be a homeowner in order to be eligible to file for bankruptcy. Secondly, there are alternatives to filing such as debt consolidation programs; it all depends on the size of your debt and the amount of your income. However, it sounds as though your bills and other financial obligations might be high. Depending on your collective income, bankruptcy might be the right solution for you (just note that your student loans may not be able to be discharged). At this point, you should speak with a bankruptcy attorney. The sooner you do, the sooner you may be able to get the collection calls, etc. to stop. Even if you decide not to file, paying for an hour or so of their time might be quite helpful in making your decision as to what to do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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