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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.

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16:12
no-value as a consumer often means more than the price
Dkk
16:15
@windyMagician: Nah michigan is better than UMN
Dkk
16:15
My sister just officially graduated, yay!
16:16
awesome @Dkks sister
16:16
prolly named veronica or sarah
windyMagician
16:16
@Dkk: for public defense tho?
windyMagician
16:16
Sarah in the bathroom
texaslawhopefully
16:17
@windyMagician: not at all. Michigan is also very generous with aid, so if you get enough it makes perfect sense to take it.
windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
texaslawhopefully
16:42
January could not come any sooner
16:54
i hope you guys all have a very lovely holiday season
17:02
has everyone finished procuring their presents?
17:02
I got my sis a vintage leather jacket off ebay she’s gonna freak she only has fake stuff
hi all
CynicalOops
17:14
Ive been slacking so hard on tickets fawk
CynicalOops
17:14
Wait
CynicalOops
17:14
Presents
CynicalOops
17:14
Im just gonna get everyone tickets so thats why i said that
jackfrost11770
17:14
people are so stupid on the internet its crazy
CynicalOops
17:15
T5 soft
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