Summarize the history of bankruptcy law in the United States.
Discuss restoring credit following bankruptcy.
State the criteria necessary to be eligible to file voluntarily for Chapter 7 bankruptcy.
Explain the “means test” that is required for filing Chapter 7 bankruptcy.
State the criteria necessary for creditors to force debtors into involuntary bankruptcy.
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Business Law with UCC Applications,13eBankruptcy and Debt AdjustmentChapter 21McGraw-Hill/Irwin Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.Learning ObjectivesSummarize the history of bankruptcy law in the United States.Discuss restoring credit following bankruptcy.State the criteria necessary to be eligible to file voluntarily for Chapter 7 bankruptcy.Explain the “means test” that is required for filing Chapter 7 bankruptcy.State the criteria necessary for creditors to force debtors into involuntary bankruptcy.Learning Objectives (cont.)Distinguish between an order for relief and automatic stay in the bankruptcy process.List the federal exemptions debtors can exclude from the bankruptcy process.Recognize those debts that have priority payment status under the Bankruptcy Code.Explain Chapter 11 bankruptcy, emphasizing the reorganization process.Discuss the requirements for Chapters 12 and 13 bankruptcy.Bankruptcy and DebtAdjustmentBankruptcy’s HistoryConstitutional Authority Restoring Credit Following BankruptcyBankruptcy and DebtAdjustmentLiquidation—Chapter 7, Bankruptcy CodeCommencing the Action Order for ReliefAutomatic Stay Federal Exemptions State ExemptionsTrustee’s Duties Exceptions to DischargeBankruptcy and DebtAdjustmentCommencing the ActionVoluntary ProceedingsThe Means TestInvoluntary ProceedingsBankruptcy and DebtAdjustmentFederal ExemptionsFederal Homestead and Household ExemptionsNecessitiesBenefits and Support PaymentsBankruptcy and DebtAdjustmentTrustee’s DutiesProperty DistributionBankruptcy and DebtAdjustmentExceptions to DischargeDebts Created by MisconductDebts Enforced by the GovernmentDebts Created by Excessive SpendingBankruptcy and DebtAdjustmentReorganization—Chapter 11, Bankruptcy CodeSpecial Features of Chapter 11 The Reorganization PlanBankruptcy and DebtAdjustmentThe Reorganization PlanCreditors’ CommitteePlan QualificationsPlan ApprovalPlan ConfirmationBankruptcy and DebtAdjustmentFamily Farmer or Fishing Business Debt Adjustment—Chapter 12, Bankruptcy CodeChapter 12 Procedures The Chapter 12 PlanBankruptcy and DebtAdjustmentThe Chapter 12 PlanContents of the PlanConfirmation HearingBankruptcy and DebtAdjustmentIndividual Debt Adjustment— Chapter 13, Bankruptcy CodeThe Chapter 13 Plan Plan ConfirmationBankruptcy and DebtAdjustmentPlan ConfirmationPaymentsDischarge
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