This section contains 2,051 words (approx. 7 pages at 300 words per page) |
Bankruptcy law was created initially to enable persons inundated with debt to have a new beginning. It is also designed to permit individuals and business entities to have additional time to pay and compromise existing debts without liquidating all assets. The U.S. Constitution, Article 1, Section 8(4) grants the power exclusively to Congress "[T]o establish… uniform laws on the subject of bankruptcies throughout the United States." The current Code is based on the Bankruptcy Reform Act of 1978 as amended. Bankruptcy Courts, under the supervision of U.S. District Courts, administer petitions under the statute.
The Code is divided into a number of chapters, the most important of which are Chapter 7 ("Liquidation"), Chapter 11, ("Reorganization"), and Chapter 13, ("Adjustment of Debts of an Individual with Regular Income"). The remaining chapters concern definitions, case administration, a discussion of creditors' claims, debtors' duties, estate of the debtor, U.S. trustees, municipal indebtedness, and...
This section contains 2,051 words (approx. 7 pages at 300 words per page) |