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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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18:43
@atwat @can run along kids and go play with your toys. the adults are talking now.
i think this cycle is so slow that we have nothing better to do than tap
*yap my b
texaslawhopefully
18:45
@Dkk: Fair. My guess is (if the DNC is smart) dems change there messaging to be more appealing to moderates, they start winning and they hopefully that encourages republicans to move back to the center.
Dkk
18:47
Yeah, exactly.
18:47
i for one STILL cannot believe donnie is prez. like gobsmacked. how did that happen? was it getting gunned down that sealed the deal?
Im starting to worry that I wont hear back from some schools before deposit deadline. Anyone have any advice? Is it possible they push back deposit dates?
i really dont wanna lose that much money
texaslawhopefully
18:48
@llama: This was the best explanation that I read for it: https://samharris.substack.com/p/the-reckoning
18:48
@GapingVariousTurkey: same bro. im not worried cause yolo, but i think an honest talk with each applicable school will allow them to give leeway
texaslawhopefully
18:48
But, yeah, I think many people were shocked
any UK law students?
18:49
@texaslawhopefully: when I have some time i will read, thanks fren. Regardless of whichever of the two [T or H] are in the WH, I truly believe expectations will be looked back on as over worried.
18:50
@thanatologist: Kentucky?
texaslawhopefully
18:51
@llama: I don't know man, maybe I've been reading way too much news but I'm worried in a way I wasn't with Biden, or would've been with Harris
18:53
@texaslawhopefully: looking back, the Rs were freaking out saying Biden was going to end the country, and the Ds were freaking out during DJTs 1st term. Neither did exceptionally bad or good, IMHO. At the end of the day, the rest of the GOV (Judaical and Congress) really put a damper on grandiose executive plans. Finally, we all know Donnie is a talker: he anchors (ie tarrifs), he talks shit, he says he will do X and never does. news eats that shit up, but I think most will not ever come to pass
Dkk
18:54
I really think it's a lot of political theater right now. I think a huge percentage of these EO's are just going to be shot down.
18:55
the news sells fear. that is their product (hence why u see COPD, heart meds, stress/ antidepressants adverts during primtime). We know trump has a big mouth, and when he opens it, he spews nonsense which gets funneled into ur ears- ratings skyrocket.
18:56
not COPD. my bad ^
dem messaging is lightyears behind MAGA messaging, part of this can be blamed on foreign governments boosting the MAGA party to destabilize the country, but the democrat old guard is so far behind MAGA strategy
18:57
@Dkk: exactly.
dems need to give way to modern leftists like AOC and bernie
18:58
@KnowledgeableRitzyWasp: AOC is my crushhhh
Dkk
18:59
It's amazing cus in 2008/2012 people were even wondering if the Republican party was still going to be a thing and then yeah, MAGA just took over.
but unfortunately the left purity tests all of its members to death, for the left their candidates have to be perfect, for the right their candidates are basically forgiven for anything. it makes it a hard sell for upcoming talent to attach to the left wing when they will cancel their politicians for any perceivable social slight
texaslawhopefully
18:59
Yeah, unfortunately that happened in part with Harris and the far-Left
19:00
@KnowledgeableRitzyWasp: see with takes like that, it is no wonder how you are called Knowledgeable Wasp
ie a lot of the left didnt vote for harris because they thought biden was too soft on israel for the I/P situation. but now they have trump who will literally hand netanyahu bombs to genocide palestinians
texaslawhopefully
19:01
And even on that issue, though, I thought Biden was very moderate, whereas the far-Left just had unrealistic expectations of where he was going to end up
yeah absolutely, and our modern left doesn't appreciate that if they eventually want their policies, their best bet is incremental progress, not a perceived revolution
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