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Chapter 13 Bankruptcy

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Describe the legal process of bankruptcy and the difference between
Chapter 7, Chapter 11, and Chapter 13 bankruptcies.
The combination of the Bankruptcy Code (the Code), Federal Rules of
Bankruptcy Procedure (the Rules), and local rules of courts within each district are the backbone of bankruptcy cases. There is a bankruptcy court, bankruptcy judge, and trustee involved within the case. The bankruptcy arranges a “341” meeting for the creditors to question the debtor about property owned which could possibly be used to gratify debts. The trustee would arrange the case to set before the bankruptcy judge for litigation if debts are not committed at the meeting. (pg. 147-148)
Chapter 7 bankruptcy requires the debtor to turn over all nonexempt …show more content…

(pg.
157)
Chapter 13 bankruptcy enables individuals to develop a plan to repay all or a portion of their debts and provides protection from creditors while they do.
(pg. 158-159)
2. Are IRAs exempt from Chapter 7 bankruptcy? Explain.
Yes, IRAs are exempt from Chapter 7 bankruptcy. The Rousey v. Jacoway case explains that IRAs provide a payment on account of age. The IRAs may be payable on demand but there is still a 10% penalty for withdrawing prior to the age of 59 in this case. This penalty alone is evidence that IRAs should be considered an exempt asset. The Bankruptcy Code does not define listed plans but the basis is they substitute for wages earned as salary or compensation. This makes IRAs unlike savings accounts which are not exempt. (pg. 156)
3. What are the differences between voluntary and involuntary bankruptcy? Voluntary bankruptcy is filed by the debtor for protection against creditors. Six types of voluntary bankruptcy can be filed under the code.
These include Chapters 7, 9, 11, 12, 13, and 15. Additionally, Congress has provided the Servicemembers’ Civil Relief Act. (pg. 150)
Involuntary bankruptcy takes place if a debtor is generally not paying

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