| Equity Security Holders |
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| An equity security holder is a holder of an equity security of the debtor in a bankruptcy case. Examples of an equity security are a share in a corporation; an interest of a limited partner in a limited partnership; or a right to purchase, sell, or subscribe to a share, security, or interest of a share in a corporation or an interest in a limited partnership. More... |
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| Introduction to Chapter 13 Bankruptcy |
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| The Bankruptcy Code is divided into "Chapters" that set forth the laws that apply to different types of debtors, as well as creditors. Chapter 13 of the Bankruptcy Code applies to individuals or consumers, rather than businesses or companies.
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| Disposable Income in Chapter 12 |
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| If a trustee or a holder of an unsecured claim objects to the plan, the court cannot approve the plan unless the plan provides that all of the debtor's projected disposable income to be received during the plan will be applied to make payments under the plan. It is significant to understand that an objection by the mentioned parties must be made for the court to consider this requirement.More... |
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| Setoffs in Bankruptcy |
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| Setoff is an equitable right of a creditor to deduct a debt it owes to the debtor from a claim it has against the debtor arising out of a separate transaction. The Bankruptcy Code is not an independent source of law that authorizes a setoff; it recognizes and preserves rights that exist under non-bankruptcy law.More... |
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| Bankruptcy Court Jurisdiction and Venue |
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| Consistent with the policy of providing relief for the honest debtor and fair treatment of creditors, and pursuant to its constitutional authority, Congress created bankruptcy courts. The bankruptcy judges in each federal judicial district constitute a ''unit'' of that district court known as the bankruptcy court. All district courts have referred their authority to hear bankruptcy cases to bankruptcy courts. Appeals from bankruptcy courts are heard by the district court or by a bankruptcy appellate panel.More... |
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