Chapter 13 Bankruptcy LawsHelp implementing Chapter 13 bankruptcy laws after 2005 reform
Chapter 13 Bankruptcy LawsThe primary source of Chapter 13 bankruptcy laws appears in Title 11 of the United States Code. Within Title 11, four separate chapters combine to provide the primary requirements for a proposed Chapter 13 Plan. The first chapter provides general provisions, definitions, and rules of construction, including:
The second chapter of Title 11 deals primarily with case administration. In the chapter, laws are established regarding the beginning of a case an filing the petition, who may be an officer appointed by the court, how cases must be administered, and the process for granting related orders. The third chapter deals with the relationship between debtors and creditors in Chapter 13, the procedure for case administration, and assets that comprise the bankruptcy estate. Particular provision are made for the legitimacy of claims, a debtor's rights under chapter 13, and duties dealing with assets of the estate. The fourth chapter provides an extensive array of laws dealing with adjustments of income and debt for the purpose of distributing excess income to creditors. Within the fourth chapter, laws pertaining to officers and administration of the estate include:
Chapter 13 Bankruptcy Law SourcesIn addition to the Code, extensive bodies of chapter 13 bankruptcy law appear in judicial opinions, the Federal Rules of Evidence, the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedures, and Local Bankruptcy rules adopted by each Federal Bankruptcy District. For a discussion of the major requirements of these provisions, see also - related Topics: |