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Bankruptcy Law Basics

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Definition of Bankruptcy

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Bankruptcy is a legal process where individuals or entities who cannot repay debts to creditors seek relief from some or all of their debts.

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Chapter 7 Bankruptcy

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Also known as liquidation bankruptcy, Chapter 7 allows debtors to eliminate most of their debts by liquidating assets to pay creditors.

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Chapter 11 Bankruptcy

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Chapter 11, known as reorganization bankruptcy, permits businesses to restructure their debts and continue operating.

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Chapter 13 Bankruptcy

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Chapter 13 bankruptcy allows individuals with regular income to develop a plan to repay all or part of their debts over time.

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Automatic Stay

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An automatic stay is an immediate injunction that halts actions by creditors, with certain exceptions, to collect debts from a bankruptcy petitioner.

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Bankruptcy Trustee

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A bankruptcy trustee is a person appointed by the court to manage the debtor's estate, oversee the bankruptcy process, and represent the interest of the creditors.

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The Means Test

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The Means Test is a method used to determine eligibility for Chapter 7 bankruptcy, which assesses an individual's income and expenses against the median income for their state.

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Discharge of Debts

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A discharge of debts in bankruptcy releases the debtor from personal liability for certain specified types of debts, effectively wiping them out.

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Bankruptcy Fraud

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Bankruptcy fraud involves the intentional act of filing false information or claims in a bankruptcy case, or hiding assets to avoid having to use them to pay debts.

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Preferential Debt Payments

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These are payments made to certain creditors shortly before filing for bankruptcy that may be recovered by the trustee for equal distribution among all creditors.

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Secured vs. Unsecured Debt

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Secured debt is backed by collateral, whereas unsecured debt is not, affecting their priority in bankruptcy proceedings.

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Priority Debts

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Priority debts are non-dischargeable debts that stand first in line to be paid in bankruptcy, such as certain taxes and child support.

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