A Complete Review Of The Bankruptcy Laws As Defined By Federal Bankruptcy Courts

By Author: Michael Brown
Total Articles: 9
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In United States Bankruptcy is studied under a number of Chapters that are defined by the United states bankruptcy laws. A brief review of all these chapters is here:
Chapter 7 of the United States Bankruptcy Code governs the process of liquidation under the bankruptcy laws of the United States.Chapter 7 Bankruptcy is the most common form of bankruptcy in the United States. Under this chapter the debtor is allowed to pay off his debts by mortgaging his non exempt property.
Chapter 9 Bankruptcy is available exclusively to municipalities and assists them in the restructuring of debts. Municipalities' ability to re-write collective bargaining agreements are much easier than in a corporate Chapter 11 bankruptcy and can trump state labor protections allowing cities to renegotiate unsustainable pension or other benefits packages negotiated in flush times.
Chapter 11 Bankruptcy permits reorganization under the bankruptcy laws of the United States. Chapter 11 bankruptcy is available to every business, whether organized as a corporation or sole proprietorship, and to individuals, ...
... although it is most prominently used by corporate entities. empowers the trustee to operate the debtor's business. In Chapter 11, unless a separate trustee is appointed for cause, the debtor, as debtor in possession, acts as trustee of the business.
Chapter 12 of Title 11 of the United States Code is similar to Chapter 13 in structure, however it offers additional benefits to farmers and fishermen, in certain circumstances, beyond those available to ordinary U.S. wage earners. Chapter 12 is available only to family farmers and fishermen.
Chapter 13 Bankruptcy allows individuals to undergo a financial reorganization supervised by a federal bankruptcy court. The Bankruptcy Code anticipates the goal of Chapter 13 as enabling income-receiving debtors- debtor rehabilitation provided they fulfill a court-approved plan. This is in contrast to the goals of Chapter 7 that offers immediate, complete relief of many oppressive debts.

Chapter 15, is a section of the United States bankruptcy code that deals with jurisdiction. Under Chapter 15 a representative of a corporate insolvency proceeding outside the U.S. can obtain access to the United States courts. It allows cooperation between the United States courts and the foreign courts, as well as other authorities of foreign countries involved in cross-border insolvency cases.
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