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Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.
Chapter 11 of the United States Bankruptcy 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. In contrast, Chapter 7 governs the process of a liquidation bankruptcy, though liquidation may also occur under Chapter 11; while Chapter 13 provides a reorganization process for the majority of private individuals.
Title 11 of the United States Code sets forth the statutes governing the various types of relief for bankruptcy in the United States. Chapter 13 of the United States Bankruptcy Code provides an individual the opportunity to propose a plan of reorganization to reorganize their financial affairs while under the bankruptcy court's protection. The purpose of chapter 13 is to enable an individual with a regular source of income to propose a chapter 13 plan that provides for their various classes of creditors. Under chapter 13, the Bankruptcy Court has the power to approve a chapter 13 plan without the approval of creditors as long as it meets the statutory requirements under chapter 13. Chapter 13 plans are usually three to five years in length and may not exceed five years. Chapter 13 is in contrast to the purpose of Chapter 7, which does not provide for a plan of reorganization, but provides for the discharge of certain debt and the liquidation of non-exempt property. A Chapter 13 plan may be looked at as a form of debt consolidation, but a Chapter 13 allows a person to achieve much more than simply consolidating his or her unsecured debt such as credit cards and personal loans. A chapter 13 plan may provide for the four general categories of debt: priority claims, secured claims, priority unsecured claims, and general unsecured claims. Chapter 13 plans are often used to cure arrearages on a mortgage, avoid "underwater" junior mortgages or other liens, pay back taxes over time, or partially repay general unsecured debt. In recent years, some bankruptcy courts have allowed Chapter 13 to be used as a platform to expedite a mortgage modification application.
Debt restructuring is a process that allows a private or public company or a sovereign entity facing cash flow problems and financial distress to reduce and renegotiate its delinquent debts to improve or restore liquidity so that it can continue its operations.
In the United States, bankruptcy is governed by federal law, commonly referred to as the "Bankruptcy Code" ("Code"). The United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States". Congress has exercised this authority several times since 1801, including through adoption of the Bankruptcy Reform Act of 1978, as amended, codified in Title 11 of the United States Code and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
Distressed securities are securities over companies or government entities that are experiencing financial or operational distress, default, or are under bankruptcy. As far as debt securities, this is called distressed debt. Purchasing or holding such distressed-debt creates significant risk due to the possibility that bankruptcy may render such securities worthless.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is a legislative act that made several significant changes to the United States Bankruptcy Code. Referred to colloquially as the "New Bankruptcy Law", the Act of Congress attempts to, among other things, make it more difficult for some consumers to file bankruptcy under Chapter 7; some of these consumers may instead utilize Chapter 13.
A fraudulent conveyance, or fraudulent transfer, is an attempt to avoid debt by transferring money to another person or company. It is generally a civil, not a criminal matter, meaning that one cannot go to jail for it, but in some jurisdictions there is potential for criminal prosecution. It is generally treated as a civil cause of action that arises in debtor/creditor relations, particularly with reference to insolvent debtors. The cause of action is typically brought by creditors or by bankruptcy trustees.
A debtor in possession in United States bankruptcy law is a person or corporation who has filed a bankruptcy petition, but remains in possession of property upon which a creditor has a lien or similar security interest. A corporation which continues to operate its business under Chapter 11 bankruptcy proceedings is a debtor in possession.
Todd Joseph Zywicki is an American lawyer, legal scholar and educator. He is a George Mason University Foundation Professor of Law at George Mason University School of Law, teaching in the areas of bankruptcy and contracts.
Lawrence Ponoroff is an American attorney and academic administrator, currently serving as a professor of law at the Michigan State University College of Law. He formerly served as the Dean of Tulane University Law School and the James E. Rogers College of Law.
Douglas Gordon Baird is an American legal scholar, the Harry A. Bigelow Distinguished Service Professor and a former dean of the University of Chicago Law School. He joined the faculty in 1980 and served as the dean from 1994-1999. He is a leader in the field of bankruptcy law.
Paul R. Traub is an American attorney who specializes in business law, specifically bankruptcy, insolvency, and trial litigation. He has participated in several large retail bankruptcies, including Kmart, FAO Schwarz, KB Toys, Stage Stores, Office Max, and eToys.com. Other clients have included Halston, Joan & David, Levitz, Bombay Company, Linens 'n Things, Zales, and Whitehall Jewelers.
Mark Stephen Scarberry is professor of law at Pepperdine University School of Law. Much of his research and teaching focuses on bankruptcy and constitutional law. Scarberry is "a self-described evangelical Protestant."
Bankruptcy in Irish Law is a legal process, supervised by the High Court whereby the assets of a personal debtor are realised and distributed amongst his or her creditors in cases where the debtor is unable or unwilling to pay his debts.
Steven D. Walt is a law professor at the University of Virginia School of Law. He teaches courses on contracts, sales/commercial paper, legal philosophy, bankruptcy and secured transactions.
John Anthony Edwards Pottow is the John Philip Dawson Collegiate Professor of Law at the University of Michigan Law School, specializing in international commercial law, bankruptcy and consumer finance. In addition to scholarship, Pottow is known for pro bono work and has argued pro bono cases before the United States Supreme Court and several United States Courts of Appeals, winning an award for pro bono service. His public service in international trade law includes service on the United States Delegation to the United Nations Commission on International Trade Law (UNCITRAL) and the State Department's Advisory Committee on Private International Law.
British Virgin Islands bankruptcy law is principally codified in the Insolvency Act, 2003, and to a lesser degree in the Insolvency Rules, 2005. Most of the emphasis of bankruptcy law in the British Virgin Islands relates to corporate insolvency rather than personal bankruptcy. As an offshore financial centre, the British Virgin Islands has many times more resident companies than citizens, and accordingly the courts spend more time dealing with corporate insolvency and reorganisation.
Bank of America, N. A. v. Caulkett, 575 U.S. ___, 135 S. Ct. 1995 (2015), is a bankruptcy law case decided by the Supreme Court of the United States on June 1, 2015. In Caulkett, the Court held that 11 U.S.C. § 506(d) does not permit a Chapter 7 debtor to void a junior mortgage on the debtor's property when the amount of the debt secured by the senior mortgage on that property exceeds the property's current market value.
Vernon ("Vern") Countryman, was a professor at Harvard Law School and social critic who was an expert on bankruptcy and commercial law.
References
- ↑ "Bankruptcy expert appointed Allen Chair", For the Record, Richmond University School of Law Alumni, Summer 2010.
- ↑ John Woods, "'The Kinkster' comes to class in surprise visit", New York Law Journal (via Houston Chronicle), October 15, 2002.
- 1 2 3 4 Southern Methodist University biography of David Epstein. Archived September 27, 2009, at the Wayback Machine
- ↑ The Cactus. Austin, TX: University of Texas. 1964. pp. 272–273.
- ↑ Participant list Archived 2008-10-06 at the Wayback Machine , Teaching the Teachers Conference, Univ. of Texas, 2007. Retrieved 2009-07-11.
- 1 2 SMU Bankruptcy Law Professor David Epstein Joins Haynes and Boone, LLP (December 2006).
- 1 2 Nahmias, Alan I. (September 2004), "Sua Sponte", Bankruptcy Section Newsletter, CLLA, archived from the original on 2008-09-05, retrieved 2009-07-11.
- ↑ "Emory Law Dean Resigns After Faculty Disputes", The Atlanta Journal-Constitution , September 28, 1988.
- ↑ Faculty profile as an adjunct professor at Georgetown. Retrieved 2009-07-11.
