The 6 Laws Defining Bankruptcy
Posted on June 12, 2007
Filed Under Debt Consolidation, Avoid Bankruptcy, Business Bankruptcy, Chapert 11, Chapter 13, Blog Carnivals |
There are several types of bankruptcies referred to as chapters. When you are facing bankruptcy, you will want to know the bankruptcy laws that define bankruptcy so you can understand what you will be going through. Chapter 9, 12, 15, 7, 13, and 11 are the six laws of bankruptcy.
Chapter 11 is bankruptcy of a business. Chapter 7 and 13 are related to the individual and the other three are limited in what they cover. A chapter 9 is based on municipalities. This means a political subdivision, agency, or instrument of the state. Even a government entity can go bankrupt. Often a chapter 9 allows the municipality to reform from the distress of creditors. They may even liquidate assets to recoup their losses.
Chapter 7 is related to individuals and therefore you may or may not be required to go to the courthouse. A chapter 7 bankruptcy law allows the individual to eliminate their debt and begin with a fresh start. In recent years, the laws governing who can file under chapter 7 have changed so there are limits such as the income you currently make. It can restrict you from filing bankruptcy.
Chapter 13 is also related to the individual and can even include small business owners. You will most likely spend a little time in court to file under a chapter 13. The creditors will be advised of the bankruptcy and asked if they have any complaint against you to determine if you have to pay the debts or if they will be dismissed. Most individuals file under a chapter 13 when they have the ability to pay off little of the debt by selling assets or using some of their income. Most individuals filing a chapter 13 try to solve the debts out of court before the bankruptcy to get only the debts they cannot pay discharged.
As stated above a chapter 11 is based on businesses. It can include corporations, sole proprietorships, and partnerships. A chapter 11 affects the business rather than the individual. Therefore, the credit of the individual will stay intact even though their company has filed for bankruptcy.
A chapter 15 is fairly new. It was established in 2005. Chapter 15 is for multinational companies. In other words if a company has interests in two countries a chapter 15 must be filed in order to achieve a state of bankruptcy for the company.
Chapter 12 protects family farmers and fisherman. Businesses that rely on fishing or farming that develop a debt are protected under chapter 12. Often these businesses were not covered under the individual laws so they devised a law in which they could be protected.
When you or your business is faced with a potential bankruptcy it is important to speak with a lawyer to help you understand the laws and under which bankruptcy law you can file. There are your assets to consider, some are considered non- exempt and you can lose them in a bankruptcy if you do not understand the laws.
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Carnival of Blogging Success - June 18, 2007…
Welcome to the June 18, 2007 edition of carnival of blogging success. I love the entries this week, I had a great time reading them all! Thanks for your submissions!
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[…] Jason Elder at A Bankruptcy Lawyer’s Blog says “Most people know about Chapters 7 and 11. But did you know about the other four?” The 6 laws defining bankruptcy looks at the other laws of bankruptcy. […]
[…] Jason Elder presents The 6 Laws Defining Bankruptcy posted at A Bankruptcy Lawyer’s Blog, saying, “Most people know about Chapters 7 and 11 but did you know about the other 4?” […]
[…] Jason Elder presents The 6 Laws Defining Bankruptcy posted at A Bankruptcy Lawyer’s Blog, saying, “Most people know about Chapters 7 and 11 but did you know about the other 4?” […]
[…] Jason Elder presents The 6 Laws Defining Bankruptcy posted at A Bankruptcy Lawyer’s Blog, saying, “Most people know about Chapters 7 and 11 but did you know about the other 4?” […]
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[…] Jason Elder presents The 6 Laws Defining Bankruptcy posted at A Bankruptcy Lawyer’s Blog, saying, “Most people know about Chapters 7 and 11 but did you know about the other 4?” […]
[…] Jason Elder presents The 6 Laws Defining Bankruptcy posted at A Bankruptcy Lawyer’s Blog. […]
[…] Jason Elder presents The 6 Laws Defining Bankruptcy posted at A Bankruptcy Lawyer’s Blog, saying, “Most people know about Chapters 7 and 11 but did you know about the other 4?” […]