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What is Bankruptcy? |
Chapter 7 |
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Bankruptcy Questions
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Declaring Bankruptcy :|: Filing Bankrutpcy & Bankrutpcy Laws
Declaring Bankruptcy are laws that provide
for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of
his assets among his creditors. This supervised division also allows the interests of all creditors to be treated with some measure of
equality.
Certain bankruptcy proceedings allow a debtor to stay in business and use revenue generated to
resolve his or her debts. An additional purpose of bankruptcy law is to allow certain debtors to free themselves (to be discharged) of
the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in
full.
Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the
Bankruptcy Code under its Constitutional grant of authority to "establish. . . uniform laws on the subject of Bankruptcy throughout
the United States." See U.S. Constitution Article I, Section 8. States may not regulate bankruptcy though they may pass laws that
govern other aspects of the debtor-creditor relationship. See Debtor-Creditor. A number of sections of Title 11 incorporate the
debtor-creditor law of the individual states.
Bankruptcy proceedings are supervised by and litigated in the United States Bankruptcy Courts. These courts are a part of the District
Courts of The United States. The United States Trustees were established by Congress to handle many of the supervisory and
administrative duties of bankruptcy proceedings. Proceedings in bankruptcy courts are governed by the Bankruptcy Rules which were
promulgated by the Supreme Court under the authority of Congress.
There are two basic types of Bankruptcy proceedings. A filing under Chapter 7 is called liquidation. It is the most
common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the
debtor, sells it and distributes the proceeds to the creditors. Bankruptcy proceedings under Chapters 11, 12, and 13 involves the
rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors. Under Chapter 7, 12,
13, and some 11 proceedings, a trustee is appointed to supervise the assets of the debtor.
A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is
filed, creditors, for the most part, may not seek to collect their debts outside of the proceeding. The debtor is not allowed to
transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of
property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code also establish the
priority of creditors' interests.
Disclaimer: The information contained in this web site is provided as a service to the Internet community, and does not constitute legal advice. We try to provide quality information, and we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.
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