The bankruptcy law has two objectives – to secure an account holder by giving the person in question a new beginning, liberated from loan bosses’ cases, and to guarantee fair treatment to leasers who are going after the indebted individuals’ benefits. There are eight distinct kinds of bankruptcy under the Bankruptcy Code contained in Title 11 of the United States Code. Sections 1, 3, and 5 contain general definitional arrangements, just as arrangements overseeing case organization, leasers, the borrower, and the bequest. These three parts typically apply to a wide range of liquidations. There are four parts of the code that are the most significant sorts of help that indebted individuals can look for. Part 7 accommodates liquidation procedures; the selling of every single nonexempt resource and the dispersion of the returns to the indebted person’s loan bosses. There is Chapter 11 which administers revamping. Part 12 which is for family ranchers and family angler; and accommodates the alteration of obligations by people with ordinary earnings. Part 13 resembles Chapter 12 aside from it is for people. A borrower, aside from a region, shouldn’t have the option to pay obligations as they become because of declare financial insolvency alleviation under the Bankruptcy Code. Anybody committed to a loan boss can bow out of all financial obligations (Price, 2018).
Liquidation under Chapter 7 of the Bankruptcy Code is the most natural kind of bankruptcy procedures and is frequently alluded to as a conventional, or straight, bankruptcy. Essentially, an indebted person in a liquidation bankruptcy surrenders all resources for a bankruptcy trustee. The trustee sells the nonexempt resources and conveys the returns to banks. With specific exemptions, the rest of the obligations are then released, and the account holder is alleviated of the commitment to pay the obligations. Any individual, association, organization, enterprise, and credit association might be a borrower in a liquidation procedure. In any case, railways, insurance agencies, banks, reserve funds and advance affiliations, speculation organizations authorized by the Small Business Administration, and Credit Unions can’t be indebted individuals in liquidation insolvencies (Price, 2018)
There are particular kinds of straight bankruptcy; deliberate and automatic. Deliberate bankruptcy is the point at which the indebted person records an appeal for bankruptcy. To get an intentional appeal bankruptcy, the account holder records official structures assigned for that reason in the bankruptcy court. The law currently requires that before a borrower can record an appeal, they should get credit guiding from an endorsed charitable office inside the 180-day time frame going before the date of documenting. The willful appeal must contain; a rundown of both made sure about and unbound loan bosses, their addresses, and the measure of obligation owed to each; an announcement of the monetary undertakings of the indebted person; a rundown of all property possessed by the account holder, including property that the borrower claims is absolved; a rundown of current pay and costs; a testament of credit guiding; verification of installments got from managers inside sixty days preceding the recording of the request; an announcement of the measure of month to month pay, organized to show how the sum is determined; and a duplicate of the debt holder’s government annual assessment form for the latest year finishing preceding the documenting of the appeal. The official structures must be finished precisely, pledged to after swearing to tell the truth, and marked by the indebted person. It is a wrongdoing if the indebted person covers resources or intentionally supplies bogus data on these timetables (Price, 2018).
Filing bankruptcy in the United States is a privilege grant to each and every citizen by the US constitution. It is a right that allows each citizen, and business to have a fresh start when they go to deep in debt. However, some people took advantage of bankruptcy, filing it when they did not need to in order to get out of paying for their obligations. Some people even made filing bankruptcy a big part of their financial plan, taking out loans, with no intention of paying back in full. Then comes along a new law, Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. This law is designed to make it harder to file bankruptcy, and to protect creditors from becoming victims of bankruptcy abuse. The act make filing for chapter 7 harder, and it does this by checking the debtor’s income, and comparing it to the states average income level. If the debtor’s income is above the average income, then they are subject to a means test. This means that the income number will go through two calculations. First, a formula is used, that exempts certain expenses, such as rent, and food, which determines if you can pay twenty five percent of your nonpriority unsecured debts. After this, if you can pay for twenty five percent of these debts, then it compares your income to the average income again, and if it is above, then you are denied bankruptcy. The law also created a definition for abuse, in terms of bankruptcy. Abuse is now classified as either, somebody who fails the means test, or somebody who is acting in bad faith (Pulvino, 2019).
The problem that rose, prior to the act, is that people were acting in bad faith when they planned out their bankruptcy and left their creditors high and dry. Sure, they debtors were allowed to do this under the law, but it is completely unethical to plan on blowing off a major debt, in my opinion, it is pretty much stealing. The debtors should definitely be held to a higher standard this, if somebody is going to take out a loan, then they are making a promise to pay it back, otherwise the creditors would go out of business, and now nobody can get a loan. The way I see it, with it was going to harder to file bankruptcy, or it was going to get harder to get a loan, but something had to give. It is questionable, however, if making this right more difficult is constitutional. I think it is okay for congress to pass this act, the United States tends to have a bit of flexibility in its’ laws, and courts, so that makes me think that the constitution can be overlooked a little bit when a more immediate response is needed (Whitford, 2018).
Price, D. (2018). Adequate Protection Under the Bankruptcy Act of 1978. Ky. LJ, 71, 727.
Pulvino, T. C. (2019). Effects of bankruptcy court protection on asset sales. Journal of Financial Economics, 52(2), 151-186. Whitford, W. C. (2018). The ideal of individualized justice: Consumer bankruptcy as consumer protection, and consumer protection in consumer bankruptcy. Am. Bankr. LJ, 68, 39