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  • What are federal bankruptcy laws?

    The federal bankruptcy laws provide a uniform framework for debtors to discharge their debts and resolve disputes with creditors. The public policies promoted by these laws include: Preserving troubled companies when rehabilitation maximizes value to creditors.

  • What are the public policies promoted by bankruptcy laws?

    The public policies promoted by these laws include: Preserving troubled companies when rehabilitation maximizes value to creditors. Providing the debtor with a “breathing spell” (protection from the pressure of creditors while giving the debtor time to either reorganize its affairs or liquidate on favorable terms).

  • Can creditors force a debtor into bankruptcy?

    Under certain circumstances, creditors may also force an unwilling debtor into bankruptcy by filing an “involuntary” bankruptcy petition against the debtor. 11 U.S.C. § 303; FED. R. BANKR. P. 1003. Such involuntary petitions make up a small fraction of bankruptcies.

  • Can a debtor be insolvent in a Chapter 11 bankruptcy?

    Voluntary petition filed by the debtor. Involuntary petition filed by creditors. As in Chapter 11, there is no requirement that a debtor be insolvent, but in a voluntary case, the debtor must seek relief from its creditors in good faith. Creditors filing involuntary cases must satisfy several procedural requirements.


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