What-is-bankruptcy

Two primary types of bankruptcy for individuals and small businesses are Chapter 7 Liquidation (often referred to as straight bankruptcy) and Chapter 13 Adjustment of Debts of an Individual with Regular Income.

Bankruptcy law is federal law. The Constitution of the United States in article 1, section 8, clause 4 empowers Congress to establish “uniform laws on the subject of Bankruptcies throughout the United States.” Bankruptcy laws can be found in Title 11 of the United States Code.

Chapter 13 Bankruptcy may be available for individuals with regular income whose income is stable and regular to enable such individual to make payments under a plan (usually for 3 to 5 years). This includes wage earners, some self-employed individuals, and individuals receiving disability, retirement or other regular income.

Chapter 13 Bankruptcy may be available to stop a pending foreclosure or repossession of property.

Chapter 7 Bankruptcy filing creates a bankruptcy estate. A Chapter 7 Bankruptcy trustee is appointed to examine the financial affairs of the debtor. Further, Chapter 7 trustee would be in charge of liquidating and distributing the debtor’s non-exempt property. In the majority of cases, all the debtor’s property is exempt and kept by the debtor (this is often called a no-asset case). There is always some element of risk in a Chapter 7 bankruptcy case in that property of the debtor can be sold by a liquidating Chapter 7 trustee with proceeds distributed to creditors.