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.
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).
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.
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.