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Pursuant to the new provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act, certain restrictions were added to section 362. If the debtor had a case dismissed in a case pending during the year before the bankruptcy case was filed, the automatic stay will expire as to the debtor and possibly as to the estate unless the debtor ...
Title 4 - Flag and Seal, Seat of Government, and the States; Title 5 - Government Organization and Employees; Title 6 - Domestic Security; Title 7 - Agriculture; Title 8 - Aliens and Nationality; Title 9 - Arbitration; Title 10 - Armed Forces; Title 11 - Bankruptcy; Title 12 - Banks and Banking; Title 13 - Census; Title 14 - Coast Guard; Title ...
Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. [1]
Originally, bankruptcy in the United States, as nearly all matters directly concerning individual citizens, was a subject of state law. However, there were several short-lived federal bankruptcy laws before the Act of 1898: the Bankruptcy Act of 1800, [3] which was repealed in 1803; the Act of 1841, [4] which was repealed in 1843; and the Act of 1867, [5] which was amended in 1874 [6] and ...
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The willingness of governments to allow lenders to place debtor-in-possession financing claims ahead of an insolvent company's existing debt varies; US bankruptcy law expressly allows this [8] while French law had long treated the practice as soutien abusif, requiring employees and state interests be paid first even if the end result was liquidation instead of corporate restructuring.
A few volumes of the official 2012 edition of the United States Code. The United States Code (formally the Code of Laws of the United States of America) [1] is the official codification of the general and permanent federal statutes of the United States. [2]
A bankruptcy estate is defined broadly in the Bankruptcy Code to includes all of the debtor's rights to property. [11] The use of exemptions is generally only in personal bankruptcy case and not in business cases, such as those filed under chapter 7 and chapter 11, filed by an entity, except by business operated as a sole proprietorship.