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Bankruptcy Law
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Bankruptcy Law
Bankruptcy Law introduction and resources
Introduction
Individual Bankruptcy
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Chapter 7
Chapter 13
Business Bankruptcy
Chapter 7
Chapter 11
Resources
Overview
Business might use Chapter 7 or Chapter 11.
Chapter 7 features:
Liquidation bankruptcy-liquidates and dissolves a company.
It is generally a more quick and simple process when compared to other chapters;
Only one court visit is required in order to file the petition for bankruptcy;
Some of the debtor’s property must be sold in order to pay off creditors as much as possible;
A court appointed trustee is required to manage the bankruptcy; and
The business is not likely to continue its operations after the bankruptcy has concluded.
Chapter 11 features:
The business is likely to continue its operations once the bankruptcy has concluded;
There is no need to sell off property in order to repay the creditors;
No court appointed trustee is necessary due to the fact that business will continue operating;
The process is longer and more complex than other chapters, such as a Chapter 7 bankruptcy; and
All debts must eventually be paid.
Resources
Corporate bankruptcy
The National Consumer Law Center has the outline of how the process generally flows in Chapter 7 and Chapter 11 bankruptcies.
Overview of business bankruptcy and differences between chapters
The Legal Match website has the brief and clear summary of the bankruptcy.
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