How Old Do You Have to Be to File for Bankruptcy? Age Requirements Explained


 

Are You Old Enough to File for Bankruptcy?

Filing for bankruptcy is a serious decision, but for many, it offers a crucial path to financial recovery. One of the most common questions we hear from young people facing financial pressure is: “How old do I need to be to file bankruptcy?”

The Legal Age to File

Under U.S. bankruptcy law, the minimum age to file for bankruptcy on your own is 18 years old. That’s because 18 is generally considered the age of majority, meaning you’re legally an adult and can be held responsible for contracts—including debt agreements.

This applies to both Chapter 7 (liquidation) and Chapter 13 (reorganization) bankruptcy filings.

💡 Note: Bankruptcy law doesn't list a strict age. Instead, it relies on state laws. Since most states recognize 18 as adulthood, that becomes the practical age limit.

Can Someone Under 18 Ever File Bankruptcy?

Yes—but only in very rare cases. A minor might be able to file bankruptcy if they meet certain conditions:

  • They’ve been legally emancipated

  • They run a business or own property

  • They face significant medical or legal debt

In these instances, a guardian or attorney typically represents them, and court approval is required.

Real Example:

In Matter of Thompson (Bankr. N.D. Ga. 2018), a 17-year-old who had been legally emancipated and owned a small business was granted the right to file Chapter 7 bankruptcy with proper legal representation.

Why Age Matters in Bankruptcy

Since bankruptcy involves legal contracts, repayment agreements, and obligations to creditors, the court must ensure the filer has the legal standing to be held accountable. That’s why age is such an important factor.

Final Thoughts

If you’ve just turned 18—or are approaching adulthood—and are overwhelmed with debt, bankruptcy might be a solution. However, it’s critical to understand the process, implications, and alternatives before making any moves.

👉 Learn more about age-specific requirements, student debt, and bankruptcy strategies in our full guide here:
How Old Do You Have to Be to File Bankruptcy?

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