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LSDefine

Simple English definitions for legal terms

bankruptcy

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A quick definition of bankruptcy:

Bankruptcy is a law that helps people and organizations who owe a lot of money. It can reduce or get rid of some debts and give a plan to pay back others. There are different types of bankruptcy, like Chapter 7, which can get rid of unsecured debt like credit card debt, and Chapter 13, which lets people pay back some debt over a few years. Bankruptcy is overseen by a special court and there are rules about who can file for it. Some things, like taxes and student loans, can't be erased by bankruptcy.

A more thorough explanation:

Bankruptcy is a legal process that allows individuals and organizations to reduce or eliminate certain debts. It also provides a timeline for the repayment of non-dischargeable debts over time and permits individuals and organizations to repay secured debt. Bankruptcy law is contained in Title 11 of the U.S. Code and is supervised by and litigated in Bankruptcy Court, which is part of the Federal District Court system.

  • Chapter 7: Provides for the discharge of unsecured debt, such as debt from credit cards and personal loans. Secured debt is typically unaltered, meaning that the collateral securing the debt remains in the debtor’s possession as long as timely payments are made.
  • Chapter 9: Governs the reorganization of municipalities and related local entities, such as county-owned hospitals and school districts. Individuals and corporations cannot file for bankruptcy under Chapter 9.
  • Chapter 11: Provides several options to reorganize debt, e.g., by repaying some debts, discharging others, and restructuring the remainder. Although individuals may file for Chapter 11 relief, the relatively high filing fees and administrative costs lead most individuals to favor Chapter 7 or Chapter 13 bankruptcy proceedings.
  • Chapter 12: Provides for the restructuring of debt for family farmers. Only family farmers are eligible.
  • Chapter 13: Permits the discharge of some debt, as well as the repayment of other debt over a period of three to five years. It may also permit a reduction in principal owed on secured debt, or the elimination of these debts altogether. Only individuals may file under this chapter, and there are some limited income and debt qualifications.

For example, Chapter 7 bankruptcy allows individuals to discharge unsecured debt, such as credit card debt and personal loans, while keeping their secured debt, such as a mortgage or car loan, as long as they continue to make timely payments. Chapter 13 bankruptcy, on the other hand, allows individuals to repay some debts over a period of three to five years while discharging others.

  • Czyzewski v. Jevic Holding Corp.: The U.S. Supreme Court held that a bankruptcy court cannot order the distribution of a debtor's assets in a way that contradicts the order of payment in a bankruptcy liquidation.
  • Midland Funding, LLC v. Johnson: The Court ruled that debt collectors can use bankruptcy proceedings to try to collect liabilities that are so old the statute of limitations has expired, depending on state law.
  • Stern v. Marshall: The U.S. Supreme Court held that bankruptcy courts have very limited jurisdiction and cannot enter a final judgment on a bankruptcy-related claim.

For example, in Czyzewski v. Jevic Holding Corp., the Supreme Court affirmed the Chapter 11 absolute priority rule, which stipulates the order of payment in a liquidation. In Midland Funding, LLC v. Johnson, the Court ruled that debt collectors can use bankruptcy proceedings to try to collect liabilities that are so old the statute of limitations has expired, depending on state law. In Stern v. Marshall, the Court held that bankruptcy courts have very limited jurisdiction and cannot enter a final judgment on a bankruptcy-related claim.

banking | bankruptcy court

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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