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41 IV. COMMENCEMENT OF BANKRUPTCY CASES A. Who May Be a Debtor 1. Generally Only a person that resides or has a domicile, a place of business or property in the United States may be a debtor under the Bankruptcy Code. "Person" is defined to include an "individual, partnership and corporation" but excludes governmental units, with certain limited exceptions. 11 U.S.C. § 101(41). (Governmental units include the United States, individual States, commonwealths and districts as well as departments, agencies and instrumentalities of the United States.) Any person may file for bankruptcy under Chapter 7, provided that it is not a railroad, an insurance company, a small business investment company licensed by the Small Business Administration or certain banking institutions. 13 Only a person that is eligible for liquidation under Chapter 7 and a railroad may be a debtor under Chapter 11. Stockbrokers and commodity brokers, however, are excluded from Chapter 11 and may only file for bankruptcy under Chapter 7. 11 U.S.C. § 109(b), (d). Only a municipality that (i) is unable to pay its debts as they come due, (ii) is specifically authorized by State law to be a debtor under Chapter 9, and (iii) intends to effect a plan to adjust its debts may proceed under Chapter 9. "Municipality" is defined to mean a "political subdivision or public agency or instrumentality of a State." 11 U.S.C. § 101(40). An individual with regular income, or an individual with regular income and his or her spouse, may file for bankruptcy under Chapter 13 so long as such individual owes (i) noncontingent, liquidated, unsecured debts in the amount of 13 Insurance companies and banks are generally excluded from eligibility because their liquidation and rehabilitation are governed by various regulatory schemes.

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