College $$ Dollars

The Chapter 7 Bankruptcy Code allows you to keep property or assets by claiming them as “exempt” under either Federal or State exemption laws.Chapter 7 bankruptcy provides an “order of relief” that triggers an “automatic stay” thus all creditors and collectors are prohibited from pursuing you or your property outside of the bankruptcy proceeding. This is especially important if you’ve received a foreclosure notice.

Chapter 7 bankruptcy is an “order of relief” that triggers an “automatic stay” thus all creditors and collectors are prohibited from pursuing you or your property outside of the bankruptcy proceeding is provided by chapter 7 of bankruptcy laws.

This may or may not mean that all employees will lose their jobs. When a very large company enters Chapter 7 bankruptcy, entire divisions of the company may be sold intact to other companies during the liquidation. Chapter 7 of the Title 11 of the United States code (Bankruptcy Code) governs the process of liquidation under the bankruptcy laws. Chapter 7 is the most common form of bankruptcy.

The debts of the corporation or partnership theoretically continue to exist until applicable statutory periods of limitations expire. In the case of fraud, (for example, charging up credit cards with the intent to file a bankruptcy) the court may deny the discharge of the debt. For the court to take such drastic measures to limit or deny the discharge in a Chapter 7 proceeding, the creditor has the burden of proving that the debtor obtained credit by fraudulent practices or has engaged in other prohibited behavior. In a Chapter 7 case, a corporation or partnership does not receive a bankruptcy discharge-instead, the entity is dissolved. Only an individual can receive a Chapter 7 discharge. Once all assets of the corporate or partnership debtor have been fully administered, the case is closed.

Statutory exceptions of non- dischargeable debt generally includes back taxes less than three years old, student loans, alimony, and child support. Often these debts will be liquidated with the use of a CRO. This is a court appointed officer who is required to auction the properties of the concerned company. In the case of L.I.D. for example, the CRO was Consensus Advisors LLC. They performed an initial due diligence to find a suitable “stalking horse bidder.” The stalking horse bidder was then required to provide a guarantee that at some minimum “reserve” price they would purchase all or part of the inventory.

In a Chapter 7 case, a corporation or partnership does not receive a bankruptcy discharge-instead, the entity is dissolved. Only an individual can receive a Chapter 7 discharge. Once all assets of the corporate or partnership debtor have been fully administered, the case is closed. The debts of the corporation or partnership theoretically continue to exist until applicable statutory periods of limitations expire.