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Commonly Asked Questions about Bankruptcy Law

One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a fresh start. The debtor has no liability for discharged debts. In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations.
Bankruptcy helps people who can no longer pay their debts get a fresh start by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect financially troubled businesses. This section explains the bankruptcy process and laws. Bankruptcy | United States Courts uscourts.gov services-forms bankruptcy uscourts.gov services-forms bankruptcy
The goals of bankruptcy are to (1) convert the assets of the debtor into cash and distribute it among creditors fairly and (2) give the debtor a fresh start, with such exemptions (property the debtor can keep) and rights as the bankruptcy laws permit.
Bankruptcy law provides for the reduction or elimination of certain debts, and can provide a timeline for the repayment of nondischargeable debts over time. It also permits individuals and organizations to repay secured debt.
Common reasons for seeking protection from creditors include medical debt, credit card bills, a lost job, divorce, or a personal crisis. Because bankruptcy may involve the court-ordered liquidation of your assets and remain on your credit report for several years, bankruptcy is often a measure of last resort.
While Chapter 11 bankruptcy does not typically clear debts, it may allow you to retain assets and to operate a business if you have one. When you file a petition for Chapter 11 bankruptcy, your creditors must suspend attempts to collect the debt and repossess or foreclose on any property. Which Bankruptcy Clears All Debt? - Farmer Morris Law, PLLC Farmer Morris Law, PLLC faqs which-bankruptc Farmer Morris Law, PLLC faqs which-bankruptc
A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial fresh start from burdensome debts.
Under Chapter 7 bankruptcy, the trustee will liquidate your non-exempt assets and distribute the proceeds to your creditors. In Chapter 13 filings, the trustee also oversees the debtors repayment plan, receives payments from the debtor and disburses the money to creditors.