LEGL 226 Chapter 36: Chapter 36

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16 Oct 2016
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Chapters 1, 3 & 5 address all types of bankruptcy proceedings. Chapters 7, 9, 11, 12 and 13 are substantive rules for different types of bankruptcies. The substantive chapters either cover rehabilitation or liquidation. Rehabilitation- the objective of chapters 11 and 12 is to rehabilitate the debtor. Holds creditors back while the debtor can get back on their feet and make a plan to pay creditor from their future earnings. Liquidation- chapter 7 provides liquidation, also known as straight bankruptcy. Straight bankruptcy- also known as liquidation, this form of bankruptcy mandates that the bankrupt(cid:495)s assets be distributed to creditors, but the debtor has no obligation to share future earnings. Businesses continue and creditors receive a portion of the debtor(cid:495)s current portion of the individual(cid:495)s the typical consumer. Creditors usually receive a current assets and future earnings. Consumer reorganization offers reorganization for assets and future earnings. Goals- the bankruptcy code has 3 primary goals:

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