Connection lost
Server error
It is better to risk saving a guilty man than to condemn an innocent one.
✨ Enjoy an ad-free experience with LSD+
Legal Definitions - bankruptcy court
Definition of bankruptcy court
A bankruptcy court is a specialized federal court established within each of the 94 federal judicial districts across the United States. Its exclusive role is to handle all legal matters related to bankruptcy cases for individuals, families, and businesses. These courts operate under federal law, specifically Title 11 of the U.S. Code (known as the Bankruptcy Code), and are the only venues where bankruptcy cases can be filed and heard—they cannot be filed in state courts.
The primary function of a bankruptcy court is to provide a structured legal process for debtors who can no longer pay their creditors. This process aims to give debtors a fresh financial start, either through the liquidation of assets to pay off debts (commonly under Chapter 7) or by creating a court-approved repayment plan (such as Chapter 13 for individuals or Chapter 11 for businesses). Simultaneously, the court ensures an orderly and fair distribution of available assets to creditors, protecting the rights of all parties involved.
Here are a few examples of how a bankruptcy court operates:
Individual Seeking Debt Relief: Imagine Sarah, who lost her job and accumulated significant medical bills and credit card debt. Despite her best efforts, she cannot keep up with the payments. Sarah decides to file for Chapter 7 bankruptcy to get a fresh start. She would submit her petition and detailed financial documents to the bankruptcy court in her federal judicial district. The court would then oversee the process, appointing a trustee to manage any non-exempt assets she might have, and ultimately discharge her eligible debts, allowing her to move forward without the burden of past obligations.
Small Business Reorganization: Consider "The Daily Grind," a local coffee shop struggling due to increased competition and rising rent. They owe money to their suppliers and landlord but believe they can turn the business around with a new strategy. The owners would file for Chapter 11 bankruptcy in the bankruptcy court. The court would then supervise their efforts to reorganize their business, approve a repayment plan for their creditors, and ensure they follow all legal requirements to potentially emerge from bankruptcy as a viable, operating business.
Homeowner Restructuring Debt: Mark and Lisa have steady jobs but fell behind on their mortgage and car payments after an unexpected major home repair. They want to keep their home and car but need a structured way to catch up on their debts. Mark and Lisa would file for Chapter 13 bankruptcy in the bankruptcy court. The court would work with them and a trustee to create a three-to-five-year repayment plan, allowing them to consolidate their debts, catch up on arrears, and protect their assets, all under the court's supervision.
Simple Definition
A bankruptcy court is a specialized federal court, found within each federal judicial district, that exclusively hears bankruptcy cases. These courts operate under federal law (Title 11 of the U.S. Code) to help individuals and businesses manage or resolve their debts, either through liquidation of assets or the creation of a repayment plan.