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Bankruptcy Laws
Author: Eddie Tobey

This article provides useful, detailed information about Bankruptcy Laws.

U.S. bankruptcy laws fall under federal statutory law provided by Title 11 of the United States Code. They have been periodically revised and amended to provide full and fair cover for genuine cases and to eliminate the potential for their unlawful abuse. Since this is federal jurisdiction, individual states cannot pass legislation governing and regulating bankruptcy. US bankruptcy laws have been standardized so as to have universal application. However, state governments can lay out parameters for the definition of personal insolvency and indebtedness.

The Supreme Court formulated US bankruptcy laws in consultation with Congress, and all supervision and administration of bankruptcy proceedings fall under its jurisdiction. The two fundamental kinds of bankruptcy in the United States are Chapter 7 and Chapter 13 bankruptcy, which have been explained in some detail earlier.

In filing for either Chapter 7 or Chapter 13 bankruptcy, a debtor\'s obligations may vary to some degree depending on the circumstances. In Chapter 7 bankruptcy, the filing party is required to make a full disclosure of assets and liabilities, including secured and unsecured property. Within 30 days of making an application, the applicant must declare whether he/she intends to retain or surrender such assets. These intentions must be executed within 45 days of filing.

The applicant must further provide a complete list of creditors, after which the bankruptcy court arranges for a meeting of the applicant with all mentioned creditor. During this meeting, all their doubts can be raised and must be addressed to their satisfaction.

Chapter 13 bankruptcy can be initiated by either the debtor or his/her creditors. After filing, a trustee is appointed to supervise the debtor\'s assets. Effectively, these are then immovable asset which can neither be sold nor transferred.

US bankruptcy laws basically benefit the applicant debtor, and since recently enforced amendmentsFree Articles, the interests of creditors are given equal priority.

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If you like the article above, you may be interested in the following article which is also related to Bankruptcy...

Bankruptcy - All About Chapter 7 Bankruptcy
The most common type of Bankruptcy that is filed for is Chapter 7 Bankruptcy. This is a liquidation bankruptcy rather than a reorganization bankruptcy. This means that assets will be sold to clear the debt or debts. It starts by the person in debt listing their assets. With Chapter 7 Bankruptcy the debtor is allowed to keep what is called "exempt" property. Examples of exempt property are a certain amount of home equity a small amount of vehicle equity small allowance for clothing small allowance for other personal items. The value of these exempt properties differs depending on what jurisdiction you file for Chapter 7 Bankruptcy in. A trustee will be appointed who will gather the debtors assets ready for sale. The proceeds will then be distributed to creditors according to priority. Even after declaring Chapter 7 Bankruptcy there are some debts that will still be require to be paid off. These are called non-dischargeable debts and some examples are child...
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Advantage of Corporate Bankruptcy Is Dwindling (New York Times)
Harsh as it is, a bankruptcy filing has always offered a glimmer of hope for a business hobbled by debt or a downturn. A company could slim down, negotiate manageable payments to workers and suppliers and keep going, preserving jobs.

Auto Bailout Debate Turns to Bankruptcy (NPR)
U.S. automakers seem unlikely to secure $25 billion in emergency loans from Congress. But a new debate has emerged over the possibility of a planned or "pre-packaged" bankruptcy filing.

Talk of GM bankruptcy filing fuels debate (MSNBC)
As the days pass and GM’s money burns away, bankruptcy is a distinct possibility. But what, exactly, would a GM bankruptcy mean?

Aero-News Alert: DayJet Bankruptcy Filing Confirmed (The Aero-News Network)
Defunct Air Taxi Operation Files Chapter 7 In Florida Court Confirming statements made to ANN over the past several days from a number of sources, Aero-News has obtained court documents from a filing for Chapter 7 liquidation made last Friday afternoon by now-defunct air taxi operator DayJet.

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