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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.


See study by T. Jackson (1986).


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.]
References in periodicals archive ?
At 3pm Irish time Mr Drumm made a formal petition for voluntary bankruptcy in Massachusetts.
In 1991 Edwards went into voluntary bankruptcy after a trust fund into which he had put all his earnings lost pounds 250,000.
The voluntary bankruptcy of Yuma Metals after the decision stayed the appeal for nearly two years.
Over the course of approximately thirty days, the Financial Restructuring Group raised debtor-in-possession financing for Emivest to support a voluntary bankruptcy filing.
Vertis and its units had filed for voluntary bankruptcy to facilitate a sale and had submitted a request to the Bankruptcy Court seeking its approval for the deal with Quad/Graphics.
The change in our recovery analysis takes into account our revised expectation of the company's post-emergence enterprise valuation, in addition to the amount of priority claims that were outstanding at the time of its voluntary bankruptcy filing," S&P said in a statement.
Before the clubs was put into voluntary bankruptcy, it had been reported that the creditors were steadfast in accepting no less than $300 million.
A Hokkaido meat processor involved in a false-labeling scandal on Tuesday filed for voluntary bankruptcy with the Sapporo District Court, according to the lawyer's office representing the company.
The restaurant's owner Matt Charboneau reported about $255,000 in assets, according to his voluntary bankruptcy petition.
Appalachian coal producer Pen Holdings has gained court approval of several petitions filed for voluntary bankruptcy under Chapter 11 with the U.
Edwards declared voluntary bankruptcy last year, but is expected to continue operating newer theaters, including the Palace and the company's Canyon Country 10-plex, as part of a reorganization.
The voluntary bankruptcy petitions result from protracted litigation at the EMAK corporate level and an interim award from the Chancery Court of Delaware against EMAK for which it was not permitted to immediately appeal.

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