What is Chapter 12 bankruptcy?

Chapter 12 of the Bankruptcy Code is entitled “Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income.” Chapter 12 is designed to help financially distressed family farmers or fishermen who have a regular source of income to repay their debts. Read on for more information on Chapter 12 bankruptcy filings.

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Pros and Cons to Chapter 7 and Chapter 13 Filings

There are several advantages and disadvantages to Chapter 7 bankruptcy and Chapter 13 bankruptcy. One advantage to a Chapter 7 filing is that the amount of debt you can erase is not limited; whereas with Chapter 13 Bankruptcy it might be that you keep all of your property, both exempt and non-exempt.

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Differences between Bankruptcy Chapters

There are four main types of bankruptcy filings – they are known as Chapter 7, Chapter 11, Chapter 12 and Chapter 13. They vary in process, purpose and availability. There are scenarios each is better suited; some types are more appropriate for businesses, while others are meant for individual consumer bankruptcies. Click here to learn more.

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What is bankruptcy fraud?

Bankruptcy fraud is a criminal offense taking the form of concealment of assets, multiple filings and petition mills. Click here for a detailed definition and description of what it means to commit bankruptcy fraud.

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What is Chapter 11 bankruptcy?

Chapter 11 is one of the chapters of the US Bankruptcy Code that provides protection to debtors. Chapter 11 bankruptcy is almost exclusively used by businesses due to the expense and complexity of filing for this chapter of bankruptcy. It is appropriate when a business needs to restructure the debts it has and reorganize its finances so it can stay open.

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Converting From One Bankruptcy Chapter to Another

The bankruptcy term conversion refers to the process by which a debtor, creditor, or bankruptcy trustee transfers a pending bankruptcy case from one chapter to another. Conversion may occur for a number of reasons, and may be voluntary or involuntary depending on the circumstances. Follow this link for detailed information.

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Understanding Cramdown in Bankruptcy

One significant advantage is the ability to modify the rights of a secured creditor. This means the debtor can actually change the terms of a contract with a creditor through bankruptcy in a provision generally referred to as cramdown. The cramdown provision reduces the amount owed to the fair market value of the collateral that secures the debt.

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