Bankruptcy Law Information
What is Bankruptcy?
Bankruptcy is a legally declared inability or impairment of
ability of an individual or organization to pay their creditors. A declared
state of bankruptcy can be requested or initiated by the bankrupt individual or
organization, or it can be requested by creditors in an effort to recoup a
portion of what they are owed. However, in the overwhelming majority of cases,
the bankruptcy is initiated by the "bankrupt" individual or organization.
Purpose of Bankruptcy
The primary purpose of the laws of bankruptcy are: (1) to
give an honest debtor a "fresh start" in life by relieving the debtor of most
debts, and (2) to repay creditors in an orderly manner to the extent that the
debtor has property available for payment.
Bankruptcy allows the debtor to resolve his debts through the division of his
assets among his creditors. Additionally the declaration of bankruptcy allows
debtors to be discharged of most of the financial obligations, after their
assets are distributed, even if their debts have not been paid in full. During
the pendency of a bankruptcy proceeding, the "Debtor" is protected from
extra-Bankruptcy action by creditors by a legally imposed "stay." of legal issues.
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