Bankruptcy Information

  • 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.