Bankruptcy (redirected from Recent Developments in Federal Bankruptcy Law)

bankruptcy, in law, settlement of the liabilities of a person or organization wholly or partially unable to meet financial obligations. The purposes are to distribute, through a court-appointed receiver, the bankrupt's assets equitably among creditors and, in most instances, to discharge the debtor from further liability. In the United States, bankruptcy is controlled by a federal law adopted in 1898 and amended several times, as by the Chandler Act (1938) and the Bankruptcy Reform Act (1978).

Bankruptcy proceedings may be voluntary (instituted by the debtor) or involuntary (instituted by creditors). The debtor may be insolvent—i.e., unable to pay all debts even if the full value of all assets were realized—or may become insolvent when current obligations mature. Bankruptcy is also permitted when the discharge of debts would otherwise be unduly delayed, e.g., if the debtor has fraudulently transferred property to put it out of a creditor's reach. When a person or corporation has declared or been adjudged bankrupt, preferred creditors (e.g., unpaid employees, or the federal government) are paid in full, and the other creditors share the proceeds of remaining assets.

The bankrupt individual receives more lenient treatment in the United States than in perhaps any other country, so that business initiative is not stifled by the threat of criminal or civil penalties following unintentional commercial failure. This ideal is evident in Chapter 11 of the bankruptcy code, which permits courts to reorganize the assets of failing businesses instead of ordering complete liquidation of these assets. The 1978 revision of the code made it easier for corporate management to remain in control of a company during reorganization. These more lenient provisions led to a rapid increase in filings in the 1980s and 1990s. In 2005 Congress passed a significant revision of the bankruptcy code affecting individuals, prompted in part by the increase in filings since 1978. Under the new law, it is harder for an individual to file a Chapter 7 bankruptcy, which extinguishes a person's debts, and it is easier for creditors to secure repayment of a debt over time. The changes were strongly supported by banks and credit card companies, but were also criticized by a number of bankruptcy experts for placing additional burdens on middle income families while not closing loopholes that benefit bankrupt corporations and wealthy individuals. Chapter 9 of the code provides for the reorganization of bankrupt municipalities.

Bibliography

See study by T. Jackson (1986).

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bankruptcy

Status of a debtor who has been declared by judicial process to be unable to pay his or her debts. It also refers to the legal process involved: the administration of an insolvent debtor's property by the court for the benefit of the debtor's creditors. Filing by a debtor is called voluntary bankruptcy; involuntary bankruptcy is declared by the court upon petition by a creditor. The U.S. Bankruptcy Code makes four types of relief available to bankrupt individuals or corporations: liquidation (under Chapter 7), reorganization (Chapter 11), debt adjustment for a family farmer (Chapter 12), and debt adjustment for an individual with a regular income (Chapter 13). Municipalities may file under Chapter 9. Generally, not all debts are paid in a bankruptcy. The court determines which debts are to be repaid, and the debtor is typically granted a discharge of the rest. See also insolvency.

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Bankruptcy

See also Poverty.

Birotteau, César

ruined by bad speculations and dissipated life. [Fr. Lit.: Greatness and Decline of César Birotteau, Walsh Modern, 58]

Black Friday

day of financial panic (1869). [Am. Hist.: RHDC]

Black Tuesday

day of stock market crash (1929). [Am. Hist.: Allen, 238]

green cap

symbol of bankruptcy. [Eur. Hist.: Brewer Note-Book, 390–391]

Harland, Joe

drunk who loses fortune on Wall Street. [Am. Lit.: The Manhattan Transfer]

Hassan, Abu

pretends to be dead to avoid debts. [Ger. Opera: von Weber, Abu Hassan, Westerman, 138–139]

Henchard, Michael

loses business and social standing through bad financial planning. [Br. Lit.: Mayor of Casterbridge]

Lydgate, Tertius

driven deeper into debt on daily basis. [Br. Lit.: Middlemarch]

Panic of 1873

bank failures led to extended depression. [Am. Hist.: Van Doren, 267–268]

Queer Street

condition of financial insolvency. [Am. Usage: Misc.]