What Is Bankruptcy?
Bankruptcy is the legal proceeding involving a person or business that is unable to repay outstanding debts.The bankruptcy process begins with a petition filed by the debtor, which is most common, or on behalf of creditors, which is less common. All of the debtor's assets are measured and evaluated, and the assets may be used to repay a portion of outstanding debt.
Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that simply cannot be paid while offering creditors a chance to obtain some measure of repayment based on the individual's or business's assets available for liquidation. In theory, the ability to file for bankruptcy can benefit an overall economy by giving persons and businesses a second chance to gain access to consumer credit and by providing creditors with a measure of debt repayment. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations incurred prior to filing for bankruptcy.
All bankruptcy cases in the United States are handled through federal courts. Any decisions over federal bankruptcy cases are made by a bankruptcy judge, including whether a debtor is eligible to file or whether he should be discharged of his debts. Administration over bankruptcy cases is often handled by a trustee, an officer appointed by the United States Trustee Program of the Department of Justice, to represent the debtor's estate in the proceeding. There is usually very little direct contact between the debtor and the judge unless there is some objection made in the case by a creditor.
Bankruptcy filings in the United States fall under one of several chapters of the Bankruptcy Code: Chapter 7, which involves liquidation of assets; Chapter 11, which deals with company or individual reorganizations, and Chapter 13, which is debt repayment with lowered debt covenants or specific payment plans. Bankruptcy filing specifications vary among states, leading to higher or lower filing fees depending on how easily a person or company can complete the process.
Individuals or businesses with few or no assets file Chapter 7 bankruptcy. The chapter allows individuals to dispose of their unsecured debts, such as credit cards and medical bills. Individuals with nonexempt assets, such as family heirlooms (collections with high valuations, such as coin or stamp collections),second homes, cash, stocks, or bonds, must liquidate the property to repay some or all of their unsecured debts. So, a person filing Chapter 7 bankruptcy is basically selling off his or her assets to clear debt.Consumers who have no valuable assets and only exempt property, such as household goods, clothing, tools for their trades, and a personal vehicle up to a certain value, repay no part of their unsecured debt.
Businesses often file Chapter 11 bankruptcy, the goal of which is to reorganize and once again become profitable. Filing Chapter 11 bankruptcy allows a company to create plans for profitability, cut costs, and find new ways to increase revenue. Preferred stockholders may still receive payments, though common stockholders will not.
For example, a housekeeping business filing Chapter 11 bankruptcy might increase its rates slightly and offer more services to become profitable. Chapter 11 bankruptcy allows a business to continue conducting its business activities without interruption while working on a debt repayment plan under the court's supervision. In rare cases, individuals can file Chapter 11 bankruptcy.
Individuals who make too much money to qualify for Chapter 7 bankruptcy may file under Chapter 13, also known as a wage earner's plan. The chapter allows individuals and businesses with consistent income to create workable debt repayment plans. The repayment plans are commonly in installments over the course of a three- to five-year period. In exchange for repaying their creditors, the courts allow these debtors to keep all of their property including nonexempt property.
Financially distressed municipalities, including cities, towns, villages, counties, and school districts, may file for bankruptcy under Chapter 9. Under Chapter 9, there is no liquidation of assets to repay the municipality's debts. Chapter 12 bankruptcy provides relief to "family farmers" or "family fishermen" with regular annual income. Both Chapters 9 and 12 make use of an extended debt repayment plan. Chapter 15 was added in 2005 to deal with cross-border cases which involve debtors, assets, creditors and other parties who may be in more than one country. This type of petition is usually filed in the debtor's home country.
When a debtor receives a discharge order, he is no longer legally required to pay any of the debts on that order. So, any creditor listed on that discharge cannot legally undertake any type of collection activity (making phone calls, sending letters)against the debtor once the discharge order is enforced. Therefore, the discharge absolves the debtor of any personal liability for the debts specified in the order.
But not all debts qualify to be discharged. Some of these include tax claims, anything that was not listed by the debtor, child support or alimony payments, personal injury debts, debts to the government, etc. In addition, any secured creditor can still enforce a lien against property owned by the debtor, provided that lien is still valid.
Debtors do not necessarily have the right to a discharge. When a petition for bankruptcy has been filed in court, creditors receive a notice and can object if they choose to do so. If they do, they will need to file a complaint in the court before the deadline. This leads to the filing of an adversary proceeding to recover monies owed orenforce a lien.
The discharge fromChapter 7 is usually granted about four months after the debtor files to petition for bankruptcy. For any other type of bankruptcy, the discharge can occur when it becomes practical.
Declaring bankruptcy can help relieve you of your legal obligation to pay your debts and save your home, business, or ability to function financially, depending on what kind of bankruptcy petition you file. But it also can lower your credit rating, making it more difficult to get a loan, mortgage, low-rate credit card, or buy a home, apartment, or business in the future.
If you're trying to figure out if you should file, your credit is probably already damaged. A Chapter 7 filing will stay on your credit report for ten years, while a Chapter 13 will remain there for seven. Any creditors you solicit for debt (a loan, credit card, line of credit, or mortgage) will see the discharge on your report, which will prevent you from getting any credit.
- How to navigate bankruptcy if the coronavirus wrecks your business - CNBC - May 20th, 2020
- JC Penney to reopen 153 stores as clock is threatening its bankruptcy reorganization - The Dallas Morning News - May 20th, 2020
- Employee Benefit Issues to Know In Bankruptcy - The National Law Review - May 20th, 2020
- Nearly a Third of Small, Independent Farmers Are Facing Bankruptcy by the End of 2020, New Survey Says - gvwire.com - May 20th, 2020
- A Third Option Beyond State Bailouts and Bankruptcy - Reason - May 20th, 2020
- What Every Company Needs to Know About Insolvency, Workouts and Bankruptcy - Manatt, Phelps & Phillips, LLP - May 20th, 2020
- Bankruptcies expected to soar, here's what you need to know - WTVY, Dothan - May 20th, 2020
- All the Fashion and Beauty Brand Closures and Bankruptcies Caused by the Pandemic - Fashionista - May 20th, 2020
- Eye of the hurricane - America Inc faces a wave of bankruptcies | Business - The Economist - May 20th, 2020
- Which major retail companies have filed for bankruptcy since the coronavirus pandemic hit? Here's the list. - NBCNews.com - May 20th, 2020
- A wave of bankruptcies is coming in Europe - The Economist - May 20th, 2020
- J.C. Penney is closing 240 stores as part of its bankruptcy plan - WRBL - May 19th, 2020
- Bankruptcy partner returns to Kirkland after leaving to pursue musical interests - ABA Journal - May 19th, 2020
- Received a Bankruptcy Notice During the Pandemic? Dont Delay - JD Supra - May 19th, 2020
- America Inc faces a wave of bankruptcies - The Economist - May 19th, 2020
- Bankruptcy courts ill-prepared for tsunami of people going broke from coronavirus shutdown - The Conversation US - May 19th, 2020
- Congress may be forced to deal with wave of bankruptcies - The Gazette - May 19th, 2020
- Hertz Is Unloading a Ton of Corvette Z06s While Reportedly Trying to Avoid Bankruptcy - RoadandTrack.com - May 19th, 2020
- JC Penney is planning to file for bankruptcy in the next day, sources say - CNBC - May 15th, 2020
- Arizona's three Alamo Drafthouse movie theaters have filed for bankruptcy, cite COVID-19 impacts - ABC15 Arizona - May 15th, 2020
- Congress may be forced to deal with coming wave of bankruptcies - Roll Call - May 15th, 2020
- Bankruptcy and privatization will not lead us to recovery | TheHill - The Hill - May 15th, 2020
- JC Penney poised to file for Chapter 11 bankruptcy protection - Northeast Mississippi Daily Journal - May 15th, 2020
- What the Bankruptcy Onslaught Means for the Future of Retail - The Business of Fashion - May 15th, 2020
- Flaggs floats bankruptcy as possible solution for city 'devastated by the loss of revenue' - The Vicksburg Post - Vicksburg Post - May 15th, 2020
- Boeing Predicts an Airline Bankruptcy. Heres a Way to Calculate the Odds for Each. - Barron's - May 15th, 2020
- Key Canadian bankruptcy laws and terms - Yahoo Canada Finance - May 15th, 2020
- Oil And Gas Companies Have Begun Filing For Bankruptcy. Heres Why More Could Be On The Way. - Houston Public Media - May 15th, 2020
- A flood of bankruptcies likely in months ahead - GoErie.com - May 3rd, 2020
- Bankruptcy proves to be another problem for the PPP fund - Restaurant Business Online - May 3rd, 2020
- PG&E to Purge Most of Its Board in Fallout From Bankruptcy - NBC Bay Area - May 3rd, 2020
- What effect will COVID-19 have on consumer bankruptcies? - University of Illinois News - May 3rd, 2020
- J. Crew nears bankruptcy, Brooks Brothers seeks buyer - The Real Deal - May 3rd, 2020
- COVID-19 pandemic likely put some bankruptcies on hold - ModernHealthcare.com - May 3rd, 2020
- A Flood of Business Bankruptcies Likely in Coming Months - The New York Times - May 3rd, 2020
- Bankruptcy Didn't Help Detroit Fight the Coronavirus - The New York Times - May 3rd, 2020
- State bankruptcy is irrelevant to COVID-19 and bailouts aren't the answer | TheHill - The Hill - May 3rd, 2020
- COVID-19 Retail Bankruptcies Ready to Boil Over - WWD - May 3rd, 2020
- For the record: Building permits and bankruptcies | Work & Money - Tulsa World - May 3rd, 2020
- Suddenly, bankruptcy is on the mind of business owners - ThisisReno - May 3rd, 2020
- German government to bail Lufthansa out of bankruptcy with nearly $10 billion state aid - Business Insider - Business Insider - May 3rd, 2020
- Airlines need years to recover from COVID-19, if they avoid bankruptcy - Business Insider - May 3rd, 2020
- Bankruptcy | United States Courts - March 31st, 2020
- Understanding Bankruptcy: How to File & Qualifications - March 31st, 2020
- Bankruptcy Basics | United States Courts - March 31st, 2020
- Bankruptcy: How it Works, Types & Consequences - Experian - March 31st, 2020
- Upsolve's bankruptcy tool is seeing its first coronavirus cases - Fast Company - March 31st, 2020
- Grocers feast on Lucky's Market stores in bankruptcy auction - Grocery Dive - March 31st, 2020
- From the brink of bankruptcy to a 1,300% stock gain: How this CEO turned around her company. - CNN - March 31st, 2020
- How the family behind Running Balance handles budgeting and bankruptcy - Vox.com - March 31st, 2020
- Preparing for a Joint Venture Partners Bankruptcy in the Aftermath of COVID-19 and an Oil Price Collapse - JD Supra - March 31st, 2020
- US Lawyer Warns That COVID-19 Might Cause a Bankruptcy Wave in the Art World | News - TheValue.com - March 31st, 2020
- British firms to be given more protection from bankruptcy - The Guardian - March 31st, 2020
- Paddle 8 Bankruptcy a Harbinger in the Time of COVID19 and the Coming Art World Crisis - JD Supra - March 25th, 2020
- Understanding the New "Fast-Pass" Small Business Bankruptcy Process - JD Supra - March 25th, 2020
- PG&E Reaches Deal With California Governor to Emerge From Bankruptcy - Greentech Media News - March 25th, 2020
- LendingTree Study Analyzes the Real Costs of Bankruptcy - Yahoo Finance - March 25th, 2020
- Market Update News: Bankruptcy isn't the end of the homeownership drea - Mortgage Professional America - March 25th, 2020
- Pier 1 Imports lays off 65% of its staff at Fort Worth headquarters - The Dallas Morning News - March 25th, 2020
- PG&E Reaches Agreement With Governor, Clearing Bankruptcy Hurdle - The New York Times - March 25th, 2020
- Bankruptcy, Coronavirus (COVID-19), and How Retailers Can Brace for the Impact - JD Supra - March 25th, 2020
- Amazon seeking to purchase 4 Fairway locations after grocerys bankruptcy filing - The Real Deal - March 25th, 2020
- Deadline for Compensation from Opioid Bankruptcy Fund in June 2020 - Legal Examiner - March 25th, 2020
- US senators accused of coronavirus insider trading are a symbol of moral bankruptcy - The Guardian - March 25th, 2020
- Hollywood's Creatives Suffer Blow in Appeal Over Weinstein Co.'s Bankruptcy Sale - Hollywood Reporter - March 24th, 2020
- Letter to the Editor: Pandemic debt crisis is Trump's latest bankruptcy - Press Herald - March 24th, 2020
- More than 100 Chinese real estate firms have filed for bankruptcy this year - The Real Deal - March 16th, 2020
- Busted Companies Blame Virus for Pushing Them Into Bankruptcy - Yahoo Finance - March 16th, 2020
- Bankruptcy expert Ed Altman: 'A lot of marginal companies are going to be forced out of business' - Yahoo Finance - March 16th, 2020
- Bankruptcy allows Weatherford to realize first profit in more than six years - Chron - March 16th, 2020
- Every musician I know is now facing bankruptcy the impact of coronavirus cancellations on classical... - Classic FM - March 16th, 2020
- Banks should be instructed not to invoke IBC for non-payment in testing times of Coronavirus: SICCI - Economic Times - March 16th, 2020
- Art Van bankruptcy could leave customers without items, refunds - WNEM Saginaw - March 10th, 2020
- Energy Valuations: Freefall Into Bankruptcy Or Is This Time Different? - Forbes - March 10th, 2020
- LETTERS TO THE EDITOR: Bankruptcy costing Puerto Rico - Washington Times - March 10th, 2020
- Small Business Bankruptcy Reforms You Need to Know - JD Supra - March 10th, 2020
- Art Van announces liquidation sale, expected to declare bankruptcy - The Times Herald - March 10th, 2020
- High Court considers whether trust property vests in trustee in bankruptcy - Lexology - March 10th, 2020
- Goodrich worried about getting movies amid bankruptcy - WOODTV.com - March 10th, 2020
- Wee Ginger Dug: The bankruptcy of British nationalism's all around us - The National - March 10th, 2020