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How Bankruptcy Works
  Your Guide to Bankruptcy
What is Bankruptcy?

 A consumer protection law.

 It is a Federal process, which allows consumers to have
  debts forgiven or discharged.

 Prevents creditors from collecting dept outside of the
  bankruptcy filing.
What is Bankruptcy?

 The process involves complex areas of the law that
  encompass elements of:

            Contract law
            Corporate law
            Tax law
            Real estate law
Causes of Bankruptcy

 Scandals

 Lawsuits

 Government Fines

 Creditor Collections

 Sudden Loss of Revenue
Bankruptcy Terms

Debt Adjustment: Settled repayment arrangements
  that differ from the original arrangements.

Dischargeable Debts: Debts resolved during
  bankruptcy.

Nondischargeabe Debts: Debts unresolved when filing
  for bankruptcy.
Bankruptcy Terms

Lien: A charge or impediment upon property for
  the satisfaction of a debt.
Secured Debt: A debt on which a creditor has a
  lien.
Unsecured Debt: A debt that is not tied to any
  item of property.
Types of Bankruptcy
            Chapter 7

 Best known as Liquidation Bankruptcy

 For individuals and companies

 Most common type
Types of Bankruptcy
            Chapter 7

 Process involves selling off non-exempt assets
  from the debtor to pay off debt
 Income generated afterwards is not apart of
  bankruptcy allowing the debtor to keep money
Types of Bankruptcy
           Chapter 11

 Most complex amongst businesses & a few
  individuals
 The debtor continues to function and maintain
  ownership of all assets while working out a plan
  to pay off creditors
Types of Bankruptcy
            Chapter 11

 The Bankruptcy Abuse Prevention and Consumer
  Protection Act of 2005.

   A 120-day time span in which the debtor has to come
    up with a repayment plan

   If they fail, the creditor will develop a plan themselves
Types of Bankruptcy
           Chapter 12

 For farm owners
 Allows farmers to keep their assets while forming
  a payment plan to pay off their creditors
Types of Bankruptcy
            Chapter 13

 Similar to Chapter 11, only it is for individuals
 They are given a 3 - 5 year repayment plan while
  keeping their assets

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How Bankruptcy Works

  • 1. How Bankruptcy Works Your Guide to Bankruptcy
  • 2. What is Bankruptcy?  A consumer protection law.  It is a Federal process, which allows consumers to have debts forgiven or discharged.  Prevents creditors from collecting dept outside of the bankruptcy filing.
  • 3. What is Bankruptcy?  The process involves complex areas of the law that encompass elements of:  Contract law  Corporate law  Tax law  Real estate law
  • 4. Causes of Bankruptcy  Scandals  Lawsuits  Government Fines  Creditor Collections  Sudden Loss of Revenue
  • 5. Bankruptcy Terms Debt Adjustment: Settled repayment arrangements that differ from the original arrangements. Dischargeable Debts: Debts resolved during bankruptcy. Nondischargeabe Debts: Debts unresolved when filing for bankruptcy.
  • 6. Bankruptcy Terms Lien: A charge or impediment upon property for the satisfaction of a debt. Secured Debt: A debt on which a creditor has a lien. Unsecured Debt: A debt that is not tied to any item of property.
  • 7. Types of Bankruptcy Chapter 7  Best known as Liquidation Bankruptcy  For individuals and companies  Most common type
  • 8. Types of Bankruptcy Chapter 7  Process involves selling off non-exempt assets from the debtor to pay off debt  Income generated afterwards is not apart of bankruptcy allowing the debtor to keep money
  • 9. Types of Bankruptcy Chapter 11  Most complex amongst businesses & a few individuals  The debtor continues to function and maintain ownership of all assets while working out a plan to pay off creditors
  • 10. Types of Bankruptcy Chapter 11  The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.  A 120-day time span in which the debtor has to come up with a repayment plan  If they fail, the creditor will develop a plan themselves
  • 11. Types of Bankruptcy Chapter 12  For farm owners  Allows farmers to keep their assets while forming a payment plan to pay off their creditors
  • 12. Types of Bankruptcy Chapter 13  Similar to Chapter 11, only it is for individuals  They are given a 3 - 5 year repayment plan while keeping their assets