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A Bankruptcy petition is a collection of forms also known as schedules that disclose all of your financial information to the Bankruptcy Court. These forms will list all of your assets (real and personal property), monthly income and expenses and most importantly the liabilities and debts you wish to eliminate.
: a written application by a debtor for the benefit of the Bankruptcy Act or by creditors to have a debtor adjudicated a bankrupt.
Does a Chapter 11 bankruptcy erase a business's debts? Not exactly. Creditors often have to accept less under a court-approved reorganization plan. But the idea is for the business to keep earning money so it can pay back as much as possible.
They detail the debtor's income, assets, debts, expenses, and other aspects of the debtor's financial circumstances.
Consequences of a bankruptcy petition being presented Other creditors may become aware and your bank account could be frozen. Any transaction that you enter into will be void unless approved by the trustee in bankruptcy or the court. This could have severe implications on your business or sale of a property or asset.
This chapter of the Bankruptcy Code generally provides for reorganization, usually involving a corporation or partnership. A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.
In a Chapter 11 proceeding, for an individual debtor, the court may order discharge at any time after the plan is confirmed.
A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.