Guide · Bankruptcy

Bankruptcy Law: A Comprehensive Guide to Chapters 7, 11, and 13

28 U.S.C. § 151

Type
Guide
Jurisdiction
National
Date
2023-09-11
Topic
Bankruptcy

Bankruptcy is the federal system that stops the race to the courthouse, gathers a debtor's assets into a single estate, pays creditors in a fixed order, and — for honest individuals — cancels what is left. This UpLaw guide maps the whole machine: the constitutional grant and the fresh-start bargain of Local Loan Co. v. Hunt, the estate created by Section 541 and the state-law property rules Butner v. United States imports into it, the automatic stay of Section 362 and its exceptions, the exemption scheme and the state opt-out that makes bankruptcy feel different in Texas than in New York, and the chapter menu — Chapter 7 liquidation, Chapter 13's wage-earner plan, Chapter 11 reorganization, and subchapter V for small business. It then works through the priority waterfall, the trustee's avoiding powers over preferences and fraudulent transfers, the assumption and rejection of executory contracts under Section 365, the debts that survive discharge under Section 523, and the misconduct that forfeits discharge entirely under Section 727. Two invented debtors — a small manufacturer called Halloway Tool & Die and an individual named Corinne Vasquez — are tracked through every chapter so the doctrine lands on facts. Throughout, the guide flags the recurring traps: the reaffirmation that undoes a fresh start, the preference demand that arrives eighteen months after the customer paid, the 120-day lease deadline that quietly kills a restructuring.

Bankruptcy Law: A Comprehensive Guide to Chapters 7, 11, and 13

Bankruptcy > Bankruptcy Fundamentals | Published 11 September 2023 - Updated 8 April 2025 | UpLaw - uplaw.us

Bankruptcy is the only place in American law where a court can take a citizen's property and, in the same breath, erase a citizen's debts. This guide explains the bargain that makes both halves legitimate — and the statutory machinery that carries it out.

The full text of this document is available to Executive subscribers and above. See plans.