| Bankruptcy Court Jurisdiction and Venue |
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| Consistent with the policy of providing relief for the honest debtor and fair treatment of creditors, and pursuant to its constitutional authority, Congress created bankruptcy courts. The bankruptcy judges in each federal judicial district constitute a ''unit'' of that district court known as the bankruptcy court. All district courts have referred their authority to hear bankruptcy cases to bankruptcy courts. Appeals from bankruptcy courts are heard by the district court or by a bankruptcy appellate panel.More... |
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| Garnishments and Judgments |
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| When a creditor is awarded a judgment against a debtor, the debtor may consider filing for bankruptcy in an attempt to avoid having his wages or property taken or "garnished" to pay the judgment. In fact, some debtors file bankruptcy petitions primarily because they hope to stop wage garnishments. Filing for bankruptcy does not, however, mean that a debtor is necessarily and permanently protected from attempts by all creditors to recover debts. More... |
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| An Overview of Bankruptcy |
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| Bankruptcy is a process created by federal law that provides relief for debtors, who can either eliminate or repay their debts. Federal law, rather than state law, governs bankruptcy proceedings, which take place in United States Bankruptcy Courts.
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| Unsecured Claims |
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| Unsecured debt may be generally described as a debt where credit was granted based solely upon the promise or ability of the debtor to pay. Claims that are not secured by any collateral or subject to setoff are generally unsecured claims. For purposes of bankruptcy, unsecured claims are classified and paid based on a priority list described in the Bankruptcy Code. Each class must be paid in full before the next lower class is paid anything.More... |
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| Discriminatory Treatment Protection |
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| The Bankruptcy Code protects bankruptcy debtors from various forms of discrimination based upon the filing a bankruptcy case, insolvency prior to a bankruptcy case, or nonpayment of a debt that was discharged in a bankruptcy case. It also protects other persons with whom a bankruptcy debtor has been associated. Many of these protections are not limited to individuals who have been bankruptcy debtors or who have been associated with bankruptcy debtors.More... |
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