Bankruptcy: The InabilityTo Pay Creditors

Written by Adam Peck Category: Nursing Homes January 23rd, 2013 2 min read

Events occur that financially devastate individuals and families. People lose jobs, go through divorce, or incur significant medical costs from illness. These are just a few of the many reasons why people file for bankruptcy. Bankruptcy is a legally declared inability for an individual or organization to pay its creditors. An insolvent individual or organization (debtor) who can no longer pay their creditors may voluntarily initiate a bankruptcy and get a fresh start by liquidating their assets to pay their debts, or by creating a repayment plan. Bankruptcy procedures are covered by three main chapters of the United States Bankruptcy Code, Chapter 7, 11, and 13.

While bankruptcy cases are always filed in U.S. Bankruptcy Courts, they are often dependent upon State law. For instance, California provides certain homestead exemptions for those who have significant equity in their home, California is a community property state and has single spouse discharge where one spouse’s filing may affect the others. The most common types of personal bankruptcy for individuals are Chapter 7 and Chapter 13. As much as 65% of all U.S. consumer bankruptcy filings are Chapter 7 cases. Corporations and other business forms file under Chapters 7 or 11.

Bankruptcy proceedings begin when the debtor files a bankruptcy petition with the court. However, 180 days before filing the petition, a debtor must receive credit counseling from an approved credit counseling agency. If a debt management plan is developed during the required credit counseling, it must be filed with the court.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.