Bankruptcy is a set of federal laws and rules that can help individuals and businesses who owe more debt than they can pay. In bankruptcy, the person, corporation, or partnership that owes money is called the debtor. Bankruptcy permits the debtor to work out a plan to repay some or all of the debt, to liquidate assets, or to have some of the debt forgiven (“discharged”) in an effort to obtain a “fresh start”. The bankruptcy laws give the debtor protection and benefits not available outside of bankruptcy, such as requiring that creditors stop all collection efforts while the debtor is in bankruptcy, unless otherwise ordered by the Bankruptcy Court. In bankruptcy, a debtor must make full disclosure of all assets, liabilities, and other financial information, and must either (1) surrender non-exempt (protected) property for liquidation and distribution to creditors, or (2) formulate a plan providing creditors at least as much as they would receive if the assets were liquidated.

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The Bankruptcy Code is a federal law, Title 11 of the United States Code. It provides help for individuals and businesses in financial difficulty while at the same time dealing with their creditors evenhandedly. The Bankruptcy Code is divided into several chapters. Chapters 7, 11, and 13 are the most commonly used. Each of these chapters offers debtors a different set of options for dealing with debt. At the Cross Law Firm we help debtors file under Chapters 7 & 13 of the Bankruptcy Code.