Chapter
7 - Liquidation
The chapter of the
Bankruptcy Code providing for "liquidation," i.e., the sale
of a debtor's nonexempt property and the distribution of the
proceeds to creditors. Lawyers sometimes refer to it as a
"straight bankruptcy."
Chapter
11 - Reorganization
A reorganization
bankruptcy, usually involving a corporation or partnership. A
chapter 11 debtor usually proposes a plan of reorganization to
keep its business alive and pay creditors over time. People
in business or individuals can also seek relief in chapter
11.
Chapter
12 - Family Farmer
The chapter of the
Bankruptcy Code providing for adjustment of debt of a "family
farmer."
Chapter
13 - Individual Debt Adjustment
The
chapter of the Bankruptcy Code providing for adjustment of debts
of an individual with regular income. Chapter 13 allows a
debtor to keep property and pay debts over time, usually three to
five years.
Discharge
in Bankruptcy
A release of a debtor from
personal liability for certain dischargeable
debts.
Means Test
One of the major changes brought about by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“Act”)
was the implementation of a “means test” to be applied to chapter 7 & 13 cases for debtors whose incomes exceed the median income for
their states.
Bankruptcy
Basics
A Public Information Series of the
Bankruptcy Judges Division designed to provide debtors, creditors,
judiciary employees, and the general public with a basic
explanation of bankruptcy and how it works.
Terminology
Explains many of the legal terms that are used in
cases filed under the Bankruptcy Code.