| Creditor Claims |
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| A "claim" is a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. A "claim" may also be the right to an equitable remedy for breach of performance if the breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured. A "debt" is a liability on a claim. More... |
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| Chapter 12 Hardship Discharge |
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| A Chapter 12 hardship discharge may only be granted if the unsecured creditors have received at least as much as they would have received through a Chapter 7 liquidation and if modification of the plan is not feasible.More... |
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| Alimony and Support Claims |
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| Filing for bankruptcy does not suspend or stop the obligation to pay child support or alimony. Whether an obligation imposed by a divorce decree is dischargeable depends on whether it is characterized as support or as a property settlement. In many instances, obligations for property settlement can be discharged in bankruptcy, while obligations for child support and alimony cannot be discharged in bankruptcy. Bankruptcy law, not state law, determines whether an obligation is a support obligation or a property settlement obligation.More... |
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| Discriminatory Treatment Protection |
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| The Bankruptcy Code protects bankruptcy debtors from various forms of discrimination based upon the filing a bankruptcy case, insolvency prior to a bankruptcy case, or nonpayment of a debt that was discharged in a bankruptcy case. It also protects other persons with whom a bankruptcy debtor has been associated. Many of these protections are not limited to individuals who have been bankruptcy debtors or who have been associated with bankruptcy debtors.More... |
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| Trustees |
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| A trustee is the representative of the estate in a bankruptcy case and has the capacity to sue and be sued. Trustee is the term used for several different roles in the bankruptcy process. More... |
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