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Bankruptcy Process

The United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." With this grant of Authority from the constitution, Congress enacted the (Bankruptcy Code) in 1978. Congress has amended the Bankruptcy Code several times since its enactment. It is the uniform federal law that governs all bankruptcy cases in the United States.

The Federal Rules of Bankruptcy Procedure (Bankruptcy Rules) govern the bankruptcy process and local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules establish the formal legal procedures for the debt problems of individuals and businesses.

There is a bankruptcy court for each judicial district in the country. There are one or more district in each state. There are 90 bankruptcy districts in the United States. The bankruptcy courts generally have their own clerk's offices.

The United States bankruptcy judge has the decision-making power over federal bankruptcy cases. The bankruptcy judge may decide any matter connected with a bankruptcy case including eligibility to file or whether a debtor should receive a discharge of debts. Much of the bankruptcy process is administrative, however, and is conducted away from the courthouse. Trustees are appointed to oversee the case under chapters 7, 12, or 13, and sometimes in chapter 11 cases.

A debtor's involvement with the bankruptcy judge is usually limited. Usually, chapter 7 debtors do not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. A chapter 13 debtor may only have to appear before the bankruptcy judge at a plan confirmation hearing. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a "341 meeting" because section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property. A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts.




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Local Attorney, LTD.
2100 Manchester Road
Suite 900-Office 113
Wheaton, IL 60187
 
630-925-7188   Office
630-829-7138   Fax

pbuh.local.attorney@gmail.com