Bankruptcy 101

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This document provides an overview of the various chapters of bankruptcy that offer different types of debt relief. Chapter 7 eliminates unsecured debts, while Chapter 13 establishes a 3-5 year payment plan to restructure secured and unsecured debts. Chapter 11 is similar to Chapter 13 but applies only to businesses. Chapter 12 offers protections similar to Chapter 11 but for individuals involved in farming or fishing. Chapter 9 applies to municipalities. Chapter 15 covers foreign debtors. Other options include protections for military personnel. The document aims to inform consumers about their bankruptcy options without having to research multiple sites.

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Most of what’s new in Article 9 is technical and addresses shortcomings perceived in the more comprehensive set of UCC amendments approved in 2001 and subsequently enacted across the country. Nevertheless, the changes are significant given the importance of perfecting security interests, particularly in commercial lending, and the enormous amount of litigation that occurs in matters relating to incorrect information included in UCC financing statements. More precisely, the 2010 Amendments include provisions designed to remove potential ambiguities in naming individuals and organizations (such as corporations, limited partnerships and limited liability corporations) as debtors. Other aspects relate to perfection arising on after-acquired property when a debtor moves to another jurisdiction or is a successor entity resulting from a merger. To learn how you can stay current in today’s rapidly changing banking and financial industries, visit http://www.lexisnexis.com/banking. For more topics that are transforming the legal industry, visit http://www.thisisreallaw.com.

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Saylor URL: http://www.saylor.org/books Saylor.org 992 Chapter 21 Bankruptcy L E A R N I N G O B J E C T I V E S After reading this chapter, you should understand the following: 1. A short history of US bankruptcy law 2. An overview of key provisions of the 2005 bankruptcy act 3. The basic operation of Chapter 7 bankruptcy 4. The basic operation of Chapter 11 bankruptcy 5. The basic operation of Chapter 13 bankruptcy 6. What debtor’s relief is available outside of bankruptcy Chapter 21 from Advanced Business Law and the Legal Environment was adapted by The Saylor Foundation under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license without attribution as requested by the work’s original creator or licensee. © 2014, The Saylor Foundation. http://www.saylor.org/site/textbooks/Advanced%20Business%20Law%20and%20the%20Legal%20Environment.pdf http://creativecommons.org/licenses/by-sa/3.0/ Saylor URL: http://www.saylor.org/books Saylor.org 993 21.1 Introduction to Bankruptcy and Overview of the 2005 Bankruptcy Act L E A R N I N G O B J E C T I V E S 1. Understand what law governs bankruptcy in the United States. 2. Know the key provisions of the law. The Purpose of Bankruptcy Law Bankruptcy law governs the rights of creditors and insolvent debtors who cannot pay their debts. In broadest terms, bankruptcy deals with the seizure of the debtor’s assets and their distribution to the debtor’s various creditors. The term derives from the Renaissance custom of Italian traders, who did their trading from benches in town marketplaces. Creditors literally “broke the bench” of a merchant who failed to pay his debts. The term banco rotta (broken bench) thus came to apply to business failures. In the Victorian era, many people in both England and the United States viewed someone who became bankrupt as a wicked person. In part, this attitude was prompted by the law itself, which to a greater degree in England and to a lesser degree in the United States treated the insolvent debtor as a sort of felon. Until the second half of the nineteenth century, British insolvents could be imprisoned; jail for insolvent debtors was abolished earlier in the United States. And the entire administration of bankruptcy law favored the creditor, who could with a mere filing throw the financial affairs of the alleged insolvent into complete disarray. Today a different attitude prevails. Bankruptcy is understood as an aspect of financing, a system that permits creditors to receive an equitable distribution of the bankrupt person’s assets and promises new hope to debtors facing impossible financial burdens. Without such a law, we may reasonably suppose that the level of economic activity would be far less than it is, for few would be willing to risk being personally burdened forever by crushing debt. Bankruptcy gives the honest debtor a fresh start and resolves disputes among creditors. S.

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Saylor URL: http://www.saylor.org/books Saylor.org 839 Chapter 18 Consumer Credit Transactions L E A R N I N G O B J E C T I V E S Chapter 18 from Advanced Business Law and the Legal Environment was adapted by The Saylor Foundation under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license without attribution as requested by the work’s original creator or licensee. © 2014, The Saylor Foundation. http://www.saylor.org/site/textbooks/Advanced%20Business%20Law%20and%20the%20Legal%20Environment.pdf http://creativecommons.org/licenses/by-sa/3.0/ Saylor URL: http://www.saylor.org/books Saylor.org 840 After reading this chapter, you should understand the following: 1. How consumers enter into credit transactions and what protections they are afforded when they do 2. What rights consumers have after they have entered into a consumer transaction 3. What debt collection practices third-party collectors may pursue This chapter and the three that follow are devoted to debtor-creditor relations. In this chapter, we focus on the consumer credit transaction.Chapter 19 "Secured Transactions and Suretyship" and Chapter 20 "Mortgages and Nonconsensual Liens" explore different types of security that a creditor might require. Chapter 21 "Bankruptcy"examines debtors’ and creditors’ rights under bankruptcy law. The amount of consumer debt, or household debt, owed by Americans to mortgage lenders, stores, automobile dealers, and other merchants who sell on credit is difficult to ascertain. One reads that the average household credit card debt (not including mortgages, auto loans, and student loans) in 2009 was almost $16,000. [1] Or maybe it was $10,000. [2] Or maybe it was $7,300. [3] But probably focusing on the average household debt is not very helpful: 55 percent of households have no credit card debt at all, and the median debt is $1,900. [4] In 2007, the total household debt owed by Americans was $13.3 trillion, according to the Federal Reserve Board. That is really an incomprehensible number: suffice it to say, then, that the availability of credit is an important factor in the US economy, and not surprisingly, a number of statutes have been enacted over the years to protect consumers both before and after signing credit agreements. The statutes tend to fall within three broad categories. First, several statutes are especially important when a consumer enters into a credit transaction. These include laws that regulate credit costs, the credit application, and the applicant’s right to check a credit record. Second, after a consumer has contracted for credit, certain statutes give a consumer the right to cancel the contract and correct billing mistakes. Third, if the consumer fails to pay a debt, the creditor has several traditional debt collection remedies that today are tightly regulated by the government. [1] Ben Woolsey and Matt Schulz, Credit Card Statistics, Industry .

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Chapter 20 Consumer Credit Transactions L E A R N I N G O B J E C T I V E S After reading this chapter, you should understand the following: 1. How consumers enter into credit transactions and what protections they are afforded when they do 2. What rights consumers have after they have entered into a consumer transaction 3. What debt collection practices third-party collectors may pursue This chapter and the three that follow are devoted to debtor-creditor relations. In this chapter, we focus on the consumer credit transaction. Chapter 21 "Secured Transactions and Suretyship" and Chapter 22 "Mortgages and Nonconsensual Liens" explore different types of security that a creditor might require. Chapter 23 "Bankruptcy" examines debtors’ and creditors’ rights under bankruptcy law. The amount of consumer debt, or household debt1, owed by Americans to mortgage lenders, stores, automobile dealers, and other merchants who sell on credit is difficult to ascertain. One reads that the average household credit card debt (not including mortgages, auto loans, and student loans) in 2009 was almost $16,000.Ben Woolsey and Matt Schulz, Credit Card Statistics, Industry Statistics, Debt Statistics, August 24, 2010, http://www.creditcards.com/credit-card-news/credit- card-industry-facts-personal-debt-statistics-1276.php. This is “calculated by dividing the total revolving debt in the U.S. ($852.6 billion as of March 2010 data, as listed in the Federal Reserve’s May 2010 report on consumer credit) by the estimated number of households carrying credit card debt (54 million).” Or maybe it was $10,000.Deborah Fowles, “Your Monthly Credit Card Minimum Payments May Double,” About.com Financial Planning, http://financialplan.about.com/od/ creditcarddebt/a/CCMinimums.htm. Or maybe it was $7,300.Index Credit Cards, Credit Card Debt, February 9, 2010, http://www.indexcreditcards.com/ creditcarddebt. But probably focusing on the average household debt is not very helpful: 55 percent of households have no credit card debt at all, and the median debt is $1,900.Liz Pulliam Weston, “The Big Lie about Credit Card Debt,” MSN Money, July 30, 2007. 1. Debt owed by consumers. 726 http://www.creditcards.com/credit-card-news/credit-card-industry-facts-personal-debt-statistics-1276.php http://www.creditcards.com/credit-card-news/credit-card-industry-facts-personal-debt-statistics-1276.php http://financialplan.about.com/od/creditcarddebt/a/CCMinimums.htm http://financialplan.about.com/od/creditcarddebt/a/CCMinimums.htm http://www.indexcreditcards.com/creditcarddebt http://www.indexcreditcards.com/creditcarddebt In 2007, the total household debt owed by Americans was $13.3 trillion, according to the Federal Reserve Board. That is really an incomprehensible number: suffice it to say, then, that the availability of credit is an important factor in the US economy, and not surprisingly, a number of statutes have been enacted over the years to protect consumers both before and a ...

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Bankruptcy 101

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