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Background A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a "reorganization" bankruptcy. Usually, the debtor remains “in possession,” has the powers and duties of a trustee, may continue to operate its business, and may, with court approval, borrow new money. A plan of reorganization is proposed, creditors whose rights are
A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor's current monthly income is less than the applicable state ...
Alternatives to Chapter 7 Debtors should be aware that there are several alternatives to chapter 7 relief. For example, debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation. Such debtors should consider filing a petition under chapter 11 of the Bankruptcy Code.
The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law. bankruptcy court. The bankruptcy judges in regular active service in each district; a unit of the district court. bankruptcy estate. All legal or equitable interests of the debtor in property at the time of the bankruptcy filing.
Article I, Section 8, of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the "Bankruptcy Code" in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that
Main content. Chapter 9 - Bankruptcy Basics. This chapter of the Bankruptcy Code provides for reorganization of municipalities, which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts. The first municipal bankruptcy legislation was enacted in 1934 during the Great Depression. Pub.
The Federal Rules of Bankruptcy Procedure provide for the clerk of the bankruptcy court to mail a copy of the order of discharge to all creditors, the U.S. trustee, the trustee in the case, and the trustee's attorney, if any. The debtor and the debtor's attorney also receive copies of the discharge order. The notice, which is simply a copy of ...
Chapter 11. Chapter 11 – “Reorganization”. A Chapter 11 case provides the opportunity to reorganize or readjust debts through a plan, to allow the debtor to remain in business and to pay creditors over time. Chapter 11 is typically used to reorganize a business, which may be a corporation, sole proprietorship, or partnership.
Ancillary and Other Cross-Border Cases Chapter 15 is a new chapter added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. It is the U.S. domestic adoption of the Model Law on Cross-Border Insolvency promulgated by the United Nations Commission on International Trade Law ("UNCITRAL") in 1997, and it replaces section 304 of the
Chapter 11. What is Chapter 11. A chapter 11 debtor is usually a corporation, sole proprietorship or partnership, but an individual may also file chapter 11. Chapter 11 is typically used to reorganize a business and the debtor usually files a plan of reorganization to keep the business operating and pay creditors over time.