UCONN Home Individual Bankruptcy
 
  ABOUT THE FINANCE DIVISION   FINANCE PROGRAMS   DEPARTMENTS   CENTERS & INITIATIVES   NEWS AND EVENTS   ALUMNI

Industry News

The debtor still owns and controls his assets and works out a repayment plan with the creditors. If the results of the means test show no disposable income(or in some cases a very small amount) then the individual qualifies for Chapter 7 relief. Winding up of companies is in the jurisdiction of the courts which can take a decade even after the company has actually been declared insolvent. It was expected that the UK Government's liberalisation of the UK bankruptcy regime would increase individual bankruptcy the number of bankruptcy cases; the Insolvency Service statistics appear to bear this out.

In exchange, the debtor is entitled to a discharge of some debt; however, the debtor will not be granted a discharge if he or she is guilty of certain types of inappropriate behaviour (e.g. Among its many changes to consumer bankruptcy law, BAPCPA enacted a means test, which was intended to make it more difficult for a significant number of financially distressed individual debtors whose debts are primarily consumer debts to qualify for relief under Chapter 7 of the Bankruptcy Code.

For example, absent some arrangement by a debtor to surrender a car or reaffirm a debt, the creditor with a security interest in the debtors car may repossess the car even if the debt to the creditor is discharged. Generally, a trustee will sell most of the debtors assets to pay off creditors.

University of NYC
70 Washington Sq.
New York, NY 10012