Bankruptcy law is in place to provide for an elimination or reduction of burdensome debts. It can also be used to make a timeline for any repayment of debts that are non-dis-chargeable over a period of time. Bankruptcy law will permit an organization or individual to repay secured debts. Debts which are used as collateral such as vehicles and real estate fall into this category. Bankruptcy law is contained in title 11 of the United States code and is a federal statutory law. The United States Congress passed this particular law and it was called the Bankruptcy Code. Congress had this right under the Constitutional grant of authority which establishes any uniform law regarding the subject of bankruptcy in the United States of America.
A State cannot regulate bankruptcy laws but they are allowed to pass State laws that will govern any other aspect of a creditor–debtor relationship. United States Bankruptcy Courts are responsible for supervising and litigating all bankruptcy proceedings. All of these courts form part of the complete District Courts of the United States. Congress has established the United States Trustees which have the responsibility of handling any administrative and supervisory duties relating to bankruptcy proceedings.
Bankruptcy Rules were initiated by the Supreme Court to provide governance for all of the proceedings that occur in bankruptcy courts. There are five varieties of bankruptcy which include Chapter 7, 9, 11, 12, and 13. Chapter 7 bankruptcy provides for unsecured debt cancellation such as personal loans and credit card loans. Any secured debt will be typically unaltered which means that the collateral will remain in the debtor’s possession for as long as they make their timely payments. A Chapter 7 bankruptcy is typically available to any individual who primarily has outstanding business or corporation debts.
It should be noted however that an individual is not eligible to file a Chapter 7 bankruptcy petition unless they meet certain income requirements. A Chapter 9 bankruptcy will deal with any reorganization of municipalities and other related local entities such as school districts, county owned hospitals, and utilities. An individual or a corporation is not allowed to file bankruptcy under Chapter 9. The most comprehensive chapter of the Bankruptcy Code is Chapter 11. It is available to provide many options when reorganizing debt by either repaying a portion of the debt, canceling the debt or restructuring the debt.
Chapter 11 bankruptcy filings are not usually done by individuals because of the very high administration costs and filing fees. The majority of individuals prefer filing under Chapter 13 or Chapter 7. The final two chapters for filing bankruptcy are Chapter 12 and Chapter 13. Chapter 12 is primarily for farmers and Chapter 13 is only for individuals. A Kansas City bankruptcy attorney will be able to provide you with all of the bankruptcy information that you need to know so that you can file your bankruptcy under the proper Chapter.