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Survey of the United States Bankruptcy System

Learn about the Bankruptcy Code, the bankruptcy courts and their authority, and the structure and basic lifecycle of a bankruptcy case.

Transcript

The United States Constitution commits bankruptcy exclusively to Congress. To that end, bankruptcy law resides in Title 11 of the United States Code, better known as the Bankruptcy Code.

I. Relationship between Bankruptcy Law and State Law

Because the Bankruptcy Code is federal law, it supersedes any contrary state law. Accordingly, the Bankruptcy Code's provisions restraining creditor conduct and discharging debts will override any state law that would otherwise permit creditors to enforce...

Lessons

1. Welcome to Bankruptcy
5. Chapter 7 Liquidation
  • Chapter 7 Panel Trustee
  • Distribution of Estate Property in Chapter 7
  • Discharge in Chapter 7
  • Personal-Property Collateral in Chapter 7
  • General Grounds to Dismiss a Chapter 7 Case
  • Introduction to the Means Test and Dismissals or Conversions for Abuse
6. Debt Adjustment in Chapter 13
  • Eligibility to File for Chapter 13
  • The Estate in Chapter 13
  • Introduction to the Chapter 13 Plan of Debt Adjustment
  • Terms Permitted in a Chapter 13 Plan
  • Chapter 13 Confirmation Requirements: Treatment of Secured Claims
  • Chapter 13 Confirmation Requirements: Treatment of Unsecured and Priority Claims
7. Preferences
  • Introduction to Preferences
  • A Transfer to a Creditor or for a Creditor's Benefit Made for or on Account of an Antecedent Debt
  • A Transfer Enabling a Creditor to Receive More Than It Would in Chapter 7
  • The Net-Benefit Rule
  • Contemporaneous Exchanges for New Value
  • Transfers in the Ordinary Course of Business
  • Subsequent New Value