| Chapter 11 Conversion or Dismissal |
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| The Bankruptcy Code contemplates voluntary conversion by the debtor and discretionary conversion or dismissal by the court. In addition to those two forms of relief, a court may also dismiss a chapter 11 case for lack of good faith or may dismiss or suspend the case pursuant to provisions in the Bankruptcy Code.More... |
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| Property Interests of Debtor and Other Family Members Affected by Bankruptcy Case |
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| Analysis of the extent and nature of the bankruptcy estate is essential to determining what will happen to a debtor's property in bankruptcy, a subject that is often of enormous importance to the debtor's spouse or former spouse and to other members of the debtor's family. 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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| 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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| Estate Property |
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| The commencement of a voluntary, joint, or involuntary bankruptcy petition automatically creates an "estate." The estate is comprised of all the property that is described in section 541 of the Bankruptcy Code. It includes all legal or equitable interests of the debtor in property, wherever located, as of the commencement of the case. To determine a debtor's rights in property, a court examines state law.More... |
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