BankruptcyBankruptcy help people who can no
longer pay their creditors get a fresh start – by liquidating assets to
pay their debts or by creating a repayment plan. Bankruptcy also
protect troubled businesses and provide for orderly distributions to
business creditors through reorganization or liquidation.
Chapter 7,
entitled Liquidation, contemplates an orderly, court-supervised
procedure by which a trustee takes over the assets of the debtor's
estate, reduces them to cash, and makes distributions to creditors,
subject to the debtor's right to retain certain exempt property and the
rights of secured creditors. Because there is usually little or no
nonexempt property in most chapter 7 cases, there may not be an actual
liquidation of the debtor's assets.
Chapter 13. entitled Adjustment of Debts of an Individual With Regular Income, is
designed for an individual debtor who has a regular source of income.
Chapter 13 is often preferable to chapter 7 because it enables the
debtor to keep a valuable asset, such as a house, and because it allows
the debtor to propose a "plan" to repay creditors over time – usually
three to five years. Chapter 13 is also used by consumer debtors who do
not qualify for chapter 7 relief under the means test. At a confirmation
hearing, the court either approves or disapproves the debtor's
repayment plan, depending on whether it meets the Bankruptcy Code's
requirements for confirmation. Chapter 13 is very different from chapter
7 since the chapter 13 debtor usually remains in possession of the
property of the estate and makes payments to creditors, through the
trustee, based on the debtor's anticipated income over the life of the
plan. Unlike chapter 7, the debtor does not receive an immediate
discharge of debts.
Federal courts have exclusive jurisdiction over bankruptcy cases. This
means that a bankruptcy case cannot be filed in a state court.(Van Nuys, San Fernando, Etc).
For more information please visit :
More on bankruptcy cases