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The bankruptcy laws is a federal law in Title 11 of the United States Code. Congress of the Bankruptcy Code under its constitutional grant of authority to establish a uniform law on the subject of bankruptcy by the United States. The Member States may not regulate when the bankruptcy laws may be used for other aspects of debtor-creditor relationship. A number of sections of Title 11, the debtor - creditor law of the individual.
Bankruptcy can be a debtor who is unable, to pay his creditors to his debts through the division of his assets among his creditors. The debtor is forced to its debts through the division of his assets to his creditors.
This division of supervision and the interests of all creditors to be treated with a degree of equality. Certain bankruptcy proceedings a debtor to stay in business and use revenue to maintain its debt. An additional purpose of bankruptcy law is to some borrowers, the financial obligations they have, after their assets are distributed, even if their claims were not paid in full.
A United States Bankruptcy court supervises bankruptcy proceedings and is where bankruptcy is litigated. These are parts of the district courts of the United States. Congress has required the United States Trustees to handle many of the supervisory and administrative duties of the insolvency proceedings. Proceedings in bankruptcy court by the insolvency, the rules adopted by the Supreme Court under the authority of Congress.
There are two types of bankruptcy proceedings.
• Chapter 7 is liquidation. Called "straight bankruptcy", "the most common form of bankruptcy proceedings, the settlement of the appointment of a trustee, the debtor's nonexempt assets, sells and distributes the proceeds to the creditors. The debtor on all nonexempt property or assets to the bankruptcy trustee who then converts it to cash for distribution among the creditors. At the end of the proceeding the debtor receives a discharge of debts or the discharge notice, for all the debts, but he or she is from personal liability for the debt.
• Chapter 11, 12, 13, made the reorganization of the debtor, to him or her to use future profits to pay off the creditors. Chapter 11 is reorganization. In this chapter, the debtor may continue their activities with their debts. In Chapter 13, the lawyer and the debtor proposes a plan to repay the debt over a period of up to three years.
A trustee is appointed to the assets of the debtor. The debtor can be either the bankruptcy or it can be done by the creditors. The creditors can not attempt to service their debts with the procedure for the most part after bankruptcy filed. The property as a part of the state can not be transferred by the debtor on his property. Furthermore, certain procedures, the transfer of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code and the primacy of the interests of creditors.
The latest bankruptcy legislation in force. The landscape has for those who are considering bankruptcy. Before the debtor a bankruptcy case, they should credit counseling, budgeting and managing debt before the debt is extinguished. Chapter 7 is not be permitted by a filer with a higher income, but they will be paying the debt under Chapter 13 It is harder to find a lawyer to represent you in a bankruptcy case, since the law new demands on lawyers.
Dean Shainin offers online Bankruptcy and debt advice. For more information, articles, news, tools and valuable resources in the area of bankruptcy and debt solutions can be found on this page: New Bankruptcy Law
วันอังคารที่ 11 สิงหาคม พ.ศ. 2552
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