Bankruptcy Chapters In The United
States
In the United States there are six major
types of bankruptcy as listed under the Bankruptcy
Code that is found in Title 11 of the United States Code.
These chapers are as follows:
• Chapter 7
• Chapter 9
• Chapter 11
• Chapter 12
• Chapter 13
• Chapter 15
Chapters 7 and 13 are the most common types
of personal bankruptcy for individuals in the United
States.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy is a liquidation style
type of bankruptcy used by businesses or individuals. Chpater 7
is also known as liquidation bankruptcy or straight
bankruptcy.
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In Chapter 7 bankruptcy debtors are generally
allowed to protect and keep most of their personal and work
related belongings, though sometimes property that is not paid
in full may be returned to the trustee for sale, the proceeds
of which go to the creditors.
Chapter 13 Bankruptcy
Chapter 13 bankruptcy is more of a
reorganization plan for individuals than a liquidization. Under
Chapter 13 bankruptcy the debtor makes regular payments to the
trustee who in turn makes payments to the various creditors
that are owed.
Chapter 9 is a municipal type of
bankruptcy.
Chapter 11 Bankruptcy
Chapter 11 bankruptcy is an option for
businesses other than Chapter 7 bankruptcy. In Chapter 7
bankruptcy a business sells off all its assets and eventually
ceases operation. With Chapter 11 bankruptcy, however, the
business in question plans to reorganize their financial
structure, pay off creditors and continue operating.
Chapter 12 Bankruptcy
Chapter 12 bankruptcy is a particular type of
rehabilitation style bankruptcy that is for fisherman and
family farmers only.
Chapter 15 Bankruptcy
Chapter 15 bankruptcy is specifically for
cross-border bankruptcy cases, where assets or information are
located in different jurisdictions. By entering into Chapter 15
bankruptcy, cases are handled by incorporated Model Law on
Cross Border Insolvency acts drafted by the United Nations
Commission on International Trade and Law.
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