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Treatment of Property Settlement Claims

Certain property settlements are not dischargeable in a Chapter 7, 11 or 12 bankruptcy case, but remain dischargeable in Chapter 13 cases. Support, alimony or maintenance that is incurred by the debtor in the course of a divorce or separation or...

Chapter 9 Eligibility

Only a "municipality" can file for relief under Chapter 9. The term "municipality" is defined in the Bankruptcy Code to mean a political subdivision or public agency or instrumentality of a state. The definition is broad enough to include cities,...

Chapter 12 Discharge

Upon successful completion of all payments under a Chapter 12 plan, the debtor will receive a "discharge," which extinguishes the debtor's obligation to pay any unsecured debts that were included in the plan, even though they may not have been...

Lien and Transfer Avoidance in Connection with Marital or Family Obligations

The Bankruptcy Code contains a number of provisions empowering the trustee, the debtor, or both to avoid various types of liens and other prebankruptcy transfers of the debtor's property. The Bankruptcy Code definition of ''transfer'' includes...

Chapter 11 Debtors in Possession

Upon the filing of a voluntary petition for relief under Chapter 11 or, in an involuntary case, the entry of an order for such relief, the debtor automatically assumes an additional identity as the "debtor in possession." The term refers to a...