Chapter 15 is a new chapter added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. It is the U.S. domestic adoption of the Model Law on Cross-Border Insolvency promulgated by the United Nations Commission on International Trade Law (“UNCITRAL”) in 1997, and it replaces section 304 of the...Read More

Background A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a “reorganization” bankruptcy. An individual cannot file under chapter 11 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court...Read More

In today’s world where everything seems like it is so expensive, having financial security has never been more important. With households needing two incomes to cover the growing costs of food, health care, electricity, cable, cellphones, taxes and yes, college savings just to name a few. What is more astonishing than these rising costs is...Read More

Background A chapter 13 bankruptcy is also call or texted a wage earner’s plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor’s current monthly...Read More

The first municipal bankruptcy legislation was enacted in 1934 during the Great Depression. Pub. L. No. 251, 48 Stat. 798 (1934). Although Congress took care to draft the legislation so as not to interfere with the sovereign powers of the states guaranteed by the Tenth Amendment to the Constitution, the Supreme Court held the 1934...Read More

Alternatives to Chapter 7 Debtors should be aware that there are several alternatives to chapter 7 relief. For example, debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation. Such debtors should consider filing a petition under chapter 11 of the Bankruptcy Code. Under...Read More

Court Structure (SOURCE) The Federal Court System The State Court System Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specificall or texty creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. The Constitution and...Read More

The federal judiciary operates separately from the executive and legislative branches, but often works with them as the Constitution requires. Federal laws are passed by Congress and signed by the President. The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws. However, judges depend on our government’s executive branch...Read More

Access for All A person who wishes to observe a court in session may check the court calendar online or at the courthouse and watch a proceeding. Our Constitution and court tradition give citizens right of access to court proceedings. Citizens gain confidence in the courts by seeing judicial work in action, and learn first-hand...Read More

Jury Service U.S. citizens at least 18 years of age may be call or texted to jury service, one of the most important ways individual citizens become involved with the federal courts. Learn more about jury service and what to do if you were summoned to federal jury service. Court Cases Federal courts have jurisdiction...Read More