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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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Quillinit
11:57
ah you filed retro W's from classes in UG?
Quillinit
11:58
ah okay, sorry homie that's rough
it's fine i got into one of my top choices so im really happy
Quillinit
11:58
<3 happy for you
getting into cornell is hugeee
ayyyyy
Quillinit
11:59
^^^^^ would love to get into Cornell lmao
Quillinit
11:59
or anywhere!
you got it, believeeee
12:06
@letsseehowitgoesnow: you okay?
12:08
@ KnowledgeableRitzyWasp did u withdraw frm all your classes for two years or just a few? i have 2 W's
12:23
listening to the front bottoms at the gym again ist es over fur mich?
My wife and I saw TFB with manchester orchestra the night before thanksgiving a few years back and it was pretty damn choice
shaquilleoatmeal
12:27
yoo lets dawg what happened, you good?
12:28
breakup
12:28
happens to the best of us
12:28
@UnsuitableMaliciousHedgehog: that’s so fucking sick
rough night and morning with ex :/. we broke up but we live together
shaquilleoatmeal
12:29
damn ;/ it is break up season dawg, i'm sorry you're going through that
12:29
it really is breakup season
shaquilleoatmeal
12:29
i lived with my ex for 3 months after we broke up and it was brutal. If you can move out quicker rather than later
thanks shaq! i just needed some input from people who are looking from the outside in
im gonna pack up my stuff and leave for a few days when i get off work
12:31
sometimes I think about things my ex said and did to me and a year later it still makes me so sad that I ever let myself be treated that way
shaquilleoatmeal
12:32
yee bud clear your head how you need, shit sometimes even just driving with no destination and some sad ass music can get you through this
shaquilleoatmeal
12:32
you grow through what you go through bunny, you know for the next relationship what you deserve
I want to run you guys through a scenario to see what yall think. Go to off topic for the one time lol
12:34
gotchu
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