The site is secure. Chapter 7 bankruptcy is a liquidation proceeding available to consumers and businesses.
Those assets of a debtor that are not exempt from creditors are collected and liquidated reduced to money , and the proceeds are distributed to creditors. A consumer debtor receives a complete discharge from debt under Chapter 7, except for certain debts that are prohibited from discharge by the Bankruptcy Code. Its principal chapters 7, 11, 12, 13 and 15 are briefly outlined below: Chapter 7 Chapter 7 bankruptcy is a liquidation proceeding available to consumers and businesses.
Chapter 11 bankruptcy provides a procedure by which an individual or a business can reorganize its debts while continuing to operate.
The vast majority of Chapter 11 cases are filed by businesses. The debtor, often with participation from creditors, creates a plan of reorganization under which to repay part or all of its debts. Chapter 12 allows a family farmer or a fisherman to file for bankruptcy, reorganize its business affairs, repay all or part of its debts, and continue operating.
Although the bankruptcy for banks legislation appears to have strong support in Congress, its reception among bankruptcy scholars has been mixed. Jay has been a strong critic of the proposed reforms, arguing among other things that financial institutions need to be resolved by regulators and an administrative process, not bankruptcy. After addressing these and other objections, I ask Jay if he might reconsider his opposition if the legislation were amended to respond to several of his primary concerns.
The essay is available here. On December 6, Senator Jack Reed introduced a bill aimed at establishing a more informed basis for regulatory and policymaking action on financial institution bankruptcies. Overall, the bill calls for regulators to make a big picture assessment of how various bankruptcy reforms would affect systemic risk, drawing attention to weaknesses in some of the policy proposals in this area.
The bill also would also amend bankruptcy court procedure for financial firm bankruptcies. Most notably, it would revise the Bankruptcy Code to give the Federal Reserve and other regulators standing to be heard in financial company bankruptcies.
Additionally, the bill would provide for the Federal Reserve and the FDIC, jointly, to propose five potential trustees for the financial company, with the United States trustee selecting the final appointee from this list. Finally, the bill would require the Supreme Court to issue a rule establishing a procedure for appointing a bankruptcy or district court judge with appropriate expertise to preside over the bankruptcy resolution of a financial company.
The bill would amend Chapter 11 of the Bankruptcy Code by adding Subchapter V, targeting large financial institutions.
Subchapter V reflects the principles of the Single Point of Entry framework developed for the Orderly Liquidation Authority, which include the following: 1 an expedited involuntary commencement process that may be initiated by a regulator in addition to a voluntary process , 2 a special transfer of estate property, including an assignment of executory contracts, leases, swaps and the like, to a new holding company, and 3 a brief but broad automatic stay on a wide variety of instruments in order to enable the special transfer.
As a result, the subsidiaries of the bank holding company are in and out of bankruptcy quickly, but the parent holding company remains. In addition, the prospective statute empowers judges to consider the effects of their decisions on financial stability, a power strengthened by authorization of the Federal Reserve, the SEC, the OCC, and the FDIC but not the CFTC, it seems , to be heard on any issue in the case or proceeding.
Finally, the bill would create a special category of judges who would handle these cases. The approval statement of the House Judiciary Committee is here. Dodd-Frank has drawn fire, nonetheless, as encouraging, rather than preventing, bailouts.
The article is available here. Chapter 14 would be run by a special group of financially experienced district judges, could allow for the FDIC to be appointed as trustee, and would have no period of plan exclusivity. Repos, however, are treated like secured debt, but with the ability to immediately sell off high quality collateral though not non-agency Mortgage-Backed Securities.
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