Sunday, August 9, 2015

Bankruptcy - Other chapters providing bankruptcy protection

This will be a short post. As bankruptcy attorneys, we are obligated to tell out clients about other protections available to debtors. In fact, the Trustee asked  them at the creditors meeting if they have received notice of the other protections available. Chapters 11 and 12 can provide protection to a limited number of consumer debtors.
"Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors. Its provisions are quite complicated, and any decision by an individual to file a chapter 11 petition should be reviewed with an attorney." This chapter is generally used by individuals with high value assets.

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"Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation." Again, a protection for a very specific group of debtors.

So if you read things about other consumer bankruptcy protections, these two chapters are probably the less know chapters because they are limited. Even though all debtors need to be informed of them, they are of little utility for most people.

If you want assistance, legal representation, or just want to know more about Mark Medvesky or Wells, Hoffman, Holloway & Medvesky LLP, check out our website at

*Quotes above from "NOTICE TO CONSUMER DEBTOR(S) UNDER § 342(b) OF THE BANKRUPTCY CODE" from Best Case Bankruptcy - Software Copyright (c) 1996-2014 Best Case, LLC

#bankruptcy #Chapter_7 #Chapter_13 #Montgomery_County #law_firm #Bucks_County #Pennsylvania

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