Title 11 of the United States Code: What You Need to Know
Surprising fact: nearly one in ten Americans will face a significant bankruptcy event in their lifetime, and the rules that govern that path were last rewritten in 1978.
I’ll orient you quickly to Title 11, the part of the United States Code that governs federal bankruptcy. I explain how the title is organized into chapters and numbered sections you’ll see in any real case.
You’ll learn why this title matters to a debtor or creditors deciding whether to seek relief, what a plan can do, and how reorganization differs from liquidation under a chapter choice.
I note key dates and amendments—1978 enactment, major 1986, 1994, and 2005 changes—that shaped today’s provisions. I also flag student loans and how section 523 affects discharge standards.
Key Takeaways
- I explain the title’s structure and how chapters and sections work in practice.
- You’ll see why dates and amendments matter for current provisions.
- I summarize how a plan can change payment and priority rules for creditors.
- I preview student loan treatment under section 523 and realistic outcomes.
- I point to where definitions and U.S. Code citations help you find exact language.
What I Mean by Title 11 in the U.S. Code
Think of Title 11 as the rulebook that defines who is a debtor, what counts as a claim, and how a plan can change payment of debts. Section 101 in the U.S. Code collects those critical definitions.
The definitions matter because they decide who is a creditor, what a liability is, and what property enters the bankruptcy estate. That matters in every chapter and every case.
I watch how broad definitions—like a contingent right to payment qualifying as a claim—shape outcomes. A right to an equitable remedy can become a monetary claim if it yields payment, and that affects discharge and treatment.
Cross-references matter too. A chapter sits inside the title, but “applicable law” outside bankruptcy can still control priorities or rights.
I’ll keep an eye on these definitions as we later discuss student loans and §523, where the meanings of debt, claim, and “undue hardship” intersect.
- I explain how to read a U.S. Code section citation so you can find precise provisions and dates.
- I show why definitions shape case strategy and plan design.
Why Title 11 Matters Right Now
Current through Pub. L. 119-27, I explain how updates and editorial notes change what a debtor can do and how creditors respond in a case.
I track amendments that matter today: the 2005 BAPCPA reforms, modern Chapter 15 for cross-border work, and the recent Pub. L. 119-27 changes that include a delayed amendment to §101 about “payment stablecoin” terms.
Delays and effective dates are not technicalities. A delayed effective date can change which rights attach to an asset the day a petition is filed.
Small tweaks to a section’s definition—say, what counts as a payment—can change plan feasibility or how a claim is classified. That affects negotiation leverage, confirmation timing, and eventual payouts to creditors.
“Even a modest change in language can shift a case from solvable to prolonged.”
I also note real trends: increased use of Subchapter V for small business debtors, more contested student loan issues (see Section 17), and varied district rulings that make local practice critical.
- I write with the law current through Pub. L. 119-27 so you see up-to-date provisions.
- Check effective dates, local U.S.C. citations, and recent case outcomes before deciding strategy.
The Structure of Title 11 at a Glance
Below I map the main chapters and key sections that shape how a bankruptcy case unfolds. This helps you find the rules you need without digging through every page of the title.
Core chapters to know
Chapters 7, 9, 11, 12, 13, and 15 each offer distinct paths. Chapter 7 is liquidation. Chapter 11 focuses on reorganization. Chapter 13 handles individual wage-earner plans. Chapter 12 aids family farmers and fishermen. Chapter 9 addresses municipalities. Chapter 15 covers cross-border cases.
Foundational provisions
Several sections drive common practice. §362 creates the automatic stay. §365 governs executory contracts and leases. §507 sets priority rules for payment of debts. These provisions shape what creditors can do and how the estate is run.
Where plans and confirmation live
The plan rules sit in §1121–§1129. That range covers exclusivity, voting, feasibility, and confirmation standards. Note that §523 (student loans) operates outside the plan sections yet influences plan strategy. I’ll return to that in Section 17.
- I point to where trustees and debtors act and where to bookmark key U.S.C. citations.
- I highlight how claims, priorities, and estate rules feed into plan drafting and confirmation.
Chapter 7 vs. Chapter 11 vs. Chapter 13
Comparing Chapter 7, Chapter 11, and Chapter 13 shows how outcomes and timelines differ for debtors. Each chapter changes who runs the estate, how creditors are paid, and how long a proceeding lasts.
Liquidation under Chapter 7
In Chapter 7 a trustee takes control, sells nonexempt assets, and distributes proceeds by priority. Creditors receive payments from the estate and most unsecured debts are discharged at the case end.
Reorganization under Chapter 11
Chapter 11 usually leaves the debtor in possession. The court oversees operations while the debtor proposes a plan.
That plan can be confirmed, the case can convert to Chapter 7, or it can be dismissed if no feasible path exists.
Individual wage-earner plans under Chapter 13
Chapter 13 lets a person with regular income keep assets and repay debts over several years under a court-confirmed plan.
Student loans are generally nondischargeable without undue hardship, so feasibility and classification matter most in Chapters 11 and 13.
Chapter 11 Overview: Reorganization Mechanics
Chapter 11 sets a practical path for troubled businesses to reorganize while staying open. I explain how the system balances a debtor’s control with court oversight and why that matters for a successful plan.
Debtor in possession and court oversight
In most Chapter 11 cases the debtor remains the operator as adebtor in possession. The court and the U.S. Trustee supervise major actions to protect creditors’ rights.
Key section provisions require court approval for sales, new financing, and large contracts. That oversight keeps the enterprise running and preserves value for the estate.
Paths: confirm a plan, convert, or dismiss
A Chapter 11 proceeding usually moves from filing date to a disclosure statement, solicitation, and a confirmation hearing under §1129 standards. If no feasible plan emerges, the court may convert the case to Chapter 7 or dismiss the proceeding.
I highlight practical steps: calendar disclosure deadlines, solicitation windows, and confirmation dates. Missing these dates can stall momentum and raise costs.
- I note that creditors gain influence through committees and voting, shaping negotiation leverage.
- Student loans are rarely discharged, but a Chapter 11 plan can provide repayment terms that affect feasibility and cash flow.
- Courts scrutinize insider deals, adequacy of information, and compliance with applicable law in every filing.
In short, reorganization under this title gives a business a structured chance to keep operating while working toward a confirmed plan that binds creditors under negotiated provisions.
Plan of Reorganization and Confirmation Standards
Understanding the timing and standards for confirmation helps a debtor steer a reorganization toward success. I focus on the practical deadlines, the voting process, and the legal tests courts apply under the relevant section provisions.
Exclusivity under §1121 and plan voting
The debtor usually has exclusivity to file a plan for 120 days and then 180 days to obtain acceptance if a plan is timely filed. These dates drive negotiation cadence and can invite competing plans if missed.
I explain voting mechanics by class: impaired classes vote, ballots need adequate disclosure, and acceptance thresholds matter for confirmation. Proper solicitation avoids objections that delay the effective date.
Feasibility and good faith under §1129
To confirm, the court must find the plan proposed in good faith and that it is feasible. I watch how cash-flow projections, payment priorities, and treatment of administrative claims factor into that test.
Meeting obligations on the effective date is vital. If administrative and priority claims lack promised payment, confirmation can fail or be reversed.
Cramdown when classes object
When a class objects, cramdown lets the court confirm over dissent if the plan is fair, equitable, and not discriminatory. The absolute priority rule and lien protections guide cramdown outcomes.
- I note that student loan nondischargeability still shapes feasibility models and monthly payment assumptions.
- I remind readers that compliance with applicable law affects releases and third-party injunctions at confirmation.
“Missing a key date can open the door to competing plans or conversion.”
Automatic Stay Under §362: Breathing Room and Limits
Once a petition is filed, section 362 provides an immediate halt to most collection and litigation against a debtor and the estate. This legal pause starts at the order for relief and gives the debtor time to organize a plan or seek financing.
What §362 stops and what can continue
§362 stops garnishments, repossessions, foreclosures, and most lawsuits. It does not always bar criminal proceedings, certain family law matters, or some tax actions. Creditors with a valid security interest may still ask the court for relief.
Relief from stay and contested matters
A creditor moves for relief under §362(d). Courts weigh whether the creditor has cause, whether collateral is declining, and whether the debtor needs time to reorganize. Motions are contested matters under Bankruptcy Rule 9014, and timing is often quick.
- Dates that matter: relief hearings can be set on short notice; actions taken in violation of the stay can be voidable.
- Adequate protection: cash payments, replacement liens, or other measures can protect secured creditors while preserving breathing room.
- Student loans: collection usually pauses, but servicers may communicate about account status; discharge remains rare absent undue hardship.
“The stay buys time, but courts balance that protection with creditors’ rights under applicable law.”
I recommend checking the local U.S.C. citations, filing fee rules (see 28 U.S.C.A. § 1930(b)), and local practice to plan relief or opposition effectively.
Executory Contracts and Leases Under §365
Section 365 gives a debtor practical tools to cut bad deals or keep the contracts that matter most. I explain how the section works so you can see why these moves matter in a bankruptcy case.
What is an executory contract? It’s an agreement where both sides still have important duties to perform. Under this section, the trustee or debtor in possession can choose to assume, assign, or reject such agreements.
Assume means the debtor fixes defaults and provides adequate assurance of future performance. That cure and assurance protect the counterparty while letting the estate keep value.
Assign lets the debtor transfer a contract to a new operator, often to monetize a going concern. Court approval ensures the assignee can meet obligations and that counterparties receive protections.
Reject effectively ends the contract and turns future nonperformance into a prepetition damage claim. That claim enters the estate and is treated alongside other unsecured debts in the plan.
I note special lease rules for real property and equipment. The debtor must perform while deciding, or face motions to compel or claims for damages.
Industries like airlines have used §365 to reshape labor, leases, and vendor deals. In practice, trimming loss-making agreements can improve plan feasibility, while mishandling a key contract can derail a proceeding.
- Executory contracts give strategic options to the debtor and trustee.
- Assumption requires cure and adequate assurance to protect creditors.
- Rejection converts obligations into prepetition claims that affect payment waterfalls.
Priority and Payment Waterfalls Under §507
How claims stack up under §507 often determines whether a plan can work. I walk through the ranking so you see who gets paid first and why that order shapes negotiations and outcomes.
Administrative expenses come first. These include trustee fees, professional fees, and other costs the estate incurs after the filing date. Courts expect these paid at or near the effective date in many plans.
Next, certain wage claims and taxes have priority. Secured creditors are not ignored; they are paid from collateral that carries a security interest. If collateral value covers the claim, that lender recovers ahead of unsecured creditors.
Unsecured claims follow statutory tiers in §507. Each priority level must be paid in full before the next level receives distributions. That ordering drives whether a small general unsecured pool gets anything at all.
Chapter choice matters. In Chapter 13 and Subchapter V, the plan can stretch payments, but priority rules still control who is made whole first under the title’s provisions. §726 and §1129 intersect with §507 in Chapter 7 and Chapter 11 cases.
“Priority determines real recoveries — not theory.”
Priority Tier | Typical Examples | Who Gets Paid | Impact on Recoveries |
---|---|---|---|
Administrative | Trustee fees, professionals | Estate funds first | Reduces funds for lower tiers |
Secured | Mortgage, liened lender | Paid from collateral | Full collateral value may satisfy claim |
Priority unsecured | Wages, certain taxes | Statutory order | Often paid before general unsecured |
General unsecured | Credit cards, most student loans | Paid last | May receive little or nothing |
I note student loans are usually general unsecured and nondischargeable under the relevant section. That means a plan can allocate payments, but those loans rarely vanish. Knowing the waterfall helps a debtor and creditors set realistic expectations in any case.
- I emphasize timing: effective date payments matter for feasibility.
- I remind you that secured claims follow their collateral, not the unsecured queue.
- I suggest checking the cited u.s.c. sections and local practice when drafting a plan.
Special Asset Rules: Aircraft and §1110
I explain one narrow but powerful provision that changes early flight plans in a bankruptcy case.
Section 1110 lets a secured party with an aircraft security interest move for possession within 60 days after the filing date unless the debtor cures defaults and agrees to continued performance.
This rule sits alongside the automatic stay and, in practice, can trump that protection for aviation financiers. Losing key aircraft quickly can make a reorganization infeasible for an operator.
Creditors use §1110 to press for prompt payment, maintenance assurances, and clear operational covenants. Courts have developed years of precedent on timing and adequate protection that shape outcomes.
- I note the 60-day clock and the typical cure-plus-performance remedy.
- I stress proper documentation of the security interest so a creditor can invoke the section.
- I show how creditor leverage affects cash needs and negotiation posture early in a chapter case.
“For airlines, a single repossession can defeat a plan by removing revenue-producing assets.”
Key Feature | What It Means | Impact on Debtor |
---|---|---|
60-day window | Secured party may repossess unless cured | Immediate cash or loss of aircraft |
Cure & performance | Debtor must fix defaults and keep promises | Prioritizes short-term funding |
Documentation | Proper lien filings and contracts | Enables creditor remedies under U.S.C. |
If you want a deeper legal primer on aircraft finance and bankruptcy, see this aircraft finance brief I rely on when reviewing practice trends.
Subchapter V for Small Business Debtors
For many small business debtors, Subchapter V trims procedures and sharpens cash-flow focus. I explain who qualifies, how the trustee works, and why faster confirmation matters for a viable reorganization.
Who qualifies and why it’s faster
Subchapter V, added by the Small Business Reorganization Act of 2019 and effective February 2020, limits eligibility by revenue and debt thresholds so truly small business debtors get a simpler path.
The process reduces costs by removing routine unsecured committees and by eliminating quarterly U.S. Trustee fees, which speeds confirmation and stabilizes cash flow toward the effective date.
The Subchapter V trustee’s role
A trustee is appointed in every case, but their role is largely facilitative. I describe how the trustee helps develop a plan, monitors the plan’s implementation, and ensures funds are handled under the section’s provisions.
The trustee mediates between the debtor and creditors, which reduces contested fights and helps a debtor present one cohesive plan for court approval.
Keeping equity while meeting “fair and equitable”
Only the debtor may file a plan in Subchapter V. That exclusivity shifts leverage to the debtor and simplifies negotiations with creditors.
Owners may retain equity if the plan meets the Subchapter V definition of fair and equitable — a tailored test that lets businesses preserve going concern value even when owner-guarantor obligations, like nondischargeable student loan debts, remain on the books.
Feature | What it Changes | Practical Benefit | Impact on Creditors |
---|---|---|---|
Eligibility | Revenue/debt caps | Quicker, lower-cost cases | Fewer formal committees |
Trustee | Appointed in every case | Facilitation, mediation | Streamlined negotiations |
Filing rights | Only debtor may file plan | Reduced plan fights | Consolidated proposal to vote on |
Fees & timing | No quarterly U.S. Trustee fees; faster confirmation | Better cash-flow predictability | Earlier clarity on recoveries |
Practical steps I recommend: confirm eligibility early, engage the Subchapter V trustee, craft a plan that addresses nondischargeable owner obligations, and calendar effective date obligations to preserve operations during negotiation.
Farmers and Fishermen: Chapter 12 Today
Chapter 12 adapts reorganization to the harvest and catch calendar so a family operation can repay debts from seasonal receipts. I explain who it serves, basic eligibility, and how a realistic plan fits regular annual income.
Added in 1986 and broadened in 2005 to include family fishermen, Chapter 12 helps a family farmer or fisherman with regular annual income restructure secured and priority claims without losing the business.
How it works in practice
A qualifying debtor proposes a plan that times payments to harvests or seasonal sales. A trustee oversees the proceeding and helps balance creditor rights with on-the-ground cash cycles.
Plans often provide for cramdown of equipment liens and stretched payments on land where allowed. Nondischargeable obligations remain, but the plan can manage them in a feasible schedule that preserves family livelihood.
Feature | Chapter 12 | Chapter 13 | Chapter 11 |
---|---|---|---|
Best for | Family farmer/fisherman | Individual wage earners | Businesses of all sizes |
Payment timing | Seasonal, annual income | Monthly fixed | Customized cash flow |
Trustee role | Active, facilitative | Supervisory | Debtor in possession usual |
If you work with a family farmer, I recommend verifying eligibility early, mapping annual income, and building a plan that treats secured claims around seasonal revenue. Check the relevant u.s.c. sections and local practice when drafting.
Cross-Border Cases: Chapter 15 Basics
If a debtor’s business spans borders, Chapter 15 lets U.S. courts work with foreign tribunals to protect value.
I explain how the chapter implements the UNCITRAL Model Law so a foreign main or non-main proceeding can seek recognition here. Recognition unlocks relief such as a stay, access to U.S. courts, and protection of assets while the foreign case runs.
The foreign representative files the petition and coordinates with the U.S. trustee and domestic creditors. That role is central: it creates a single voice for the foreign estate and avoids competing suits in multiple districts.
“Chapter 15 turns a cross-border scramble into an ordered process that preserves estate value.”
- I note common scenarios: Canada–U.S. restructurings or a European reorganization with U.S. assets.
- Practical steps: prepare certified foreign documents, a translation, and proof of authority for recognition motions.
- Limits exist: comity and U.S. public policy can constrain relief, so not every request is granted.
Feature | What It Does | Practical Effect | Typical Documents |
---|---|---|---|
Recognition | Labels proceeding main or non-main | Triggers stay and relief in U.S. | Certified court order, translation |
Relief | Stays, injunctions, access | Protects assets and claims process | Petition, proposed orders |
Representative | Acts for foreign estate | Coordinates with trustee and creditors | Powers of attorney, credentials |
Limits | Comity and public policy | May deny relief on narrow grounds | Briefing on U.S. law issues |
Bottom line: I keep this high-level so you can spot when Chapter 15 might help a multinational debtor or creditor. Early counsel, clear documents, and prompt filings speed recognition and protect recoveries across jurisdictions.
Key Definitions I Look Up Most in Title 11
I break down a few core definitions I look up every time a plan, claim, or lien appears on the docket. Clear language matters because these words control rights, timelines, and treatment in any case.
Debtor, claim, and debt
Debtor means the person or entity that filed the petition and whose assets are before the court.
Claim is broad: it includes contingent or unmatured rights to payment, which often decide whether a liability enters a plan.
Debt is the liability on a claim—so the two terms work together when I assess discharge and payment prospects.
Estate and trustee
Estate collects property interests that belong to the bankruptcy process from the petition date forward.
Trustee differs by chapter: a Chapter 7 trustee liquidates, Chapter 13 trustees oversee payment plans, and in Chapter 11 the debtor often remains in possession unless a trustee is appointed.
Security interest, creditor classes, and order for relief
Security interest gives a creditor rights in collateral. Perfection matters: it determines priority and a creditor’s leverage to seek relief from the stay.
Creditors are grouped into classes for voting and cramdown. Classification affects what each class can expect in payment and whether cramdown tools apply.
Order for relief marks the operative date many timelines use. From that date, automatic stays, claims bars, and other deadlines start to run.
“I treat these definitions as operational tools—get them wrong and you misread who gets paid and when.”
Term | What It Means | Practical Effect |
---|---|---|
Claim | Right to payment, including contingent claims | Determines inclusion in plan and discharge analysis |
Security interest | Lien on specific collateral | Affects priority, relief from stay, and adequate protection needs |
Order for relief | Start date of key procedural timelines | Anchors bar dates, stay start, and other time-sensitive actions |
- I flag how these terms appear in the section provisions and U.S.C. citations to avoid disputes over rights and remedies.
- I note connections to adequate protection, setoff, and executory contract treatment when I analyze a plan.
- These definitions also shape the later student loan discussion—especially how debt, claim, and order for relief interact with §523 inquiries.
Amendments and Editorial Notes You Should Know
I track amendment dates so you can tell what is current and what is coming. Knowing the effective date for a change affects planning for a debtor or creditor.
Modern origin: Congress recodified bankruptcy law in 1978 (Pub. L. 95-598). That enactment set the framework for the next several years of changes.
Key historical shifts
- 1986 (Pub. L. 99-554) added Chapter 12 for family farmers.
- 1994 adjustments removed the old Chapter 15 on U.S. Trustees; trustee roles moved under other provisions.
- 2005 (Pub. L. 109-8) — BAPCPA tightened consumer rules and added the modern Chapter 15 for cross-border cases.
Forthcoming change to §101
Pub. L. 119-27 (2025) adds definitions for “payment stablecoin” and related issuers. The new language becomes effective 18 months after July 18, 2025, or 120 days after final regulations, whichever is earlier.
“Watch regulatory triggers — they can make a statutory definition operative before the clock runs out.”
Practical tip: until the effective date arrives, current definitions in the u.s.c. control. If your business handles digital payments, I recommend monitoring regulators and updating plan models to reflect any new treatment under the title.
Student Loans and Title 11: Where They Fit
When a debtor holds student loans, I treat the choice as strategic: litigate for discharge or design a plan that absorbs payments. Education loans are generally nondischargeable under section 523 unless the borrower wins an adversary proceeding proving undue hardship.
How bankruptcy treats education debts under §523
An adversary is a mini-trial. Courts apply strict tests and many debtors do not meet them. Filing that suit takes time and estate resources, and the date you start matters for scheduling and confirmation.
Why plan feasibility and priority still matter
Even without discharge, a plan can restructure timing and offer realistic monthly payment terms. The plan must remain feasible and honor priority claims at the effective date.
“Decide early whether to litigate or to use plan tools to stabilize cash flow.”
- Assess your debts and forecast cash flow.
- Consider the cost and chance of an undue hardship suit.
- Negotiate with servicers to align plan treatment and outside repayment options.
- Calendar adversary deadlines so they don’t derail confirmation.
Conclusion
I close by drawing a practical map to the key sections you’ll use when a debtor needs breathing room or a fresh plan.
Title 11 organizes relief across the main chapters—7, 9, 11, 12, 13, and 15—and a few provisions usually decide outcomes: §362 (automatic stay), §365 (contracts and leases), §507 (priority), §1110 (aircraft), and §§1121–1129 (plan rules).
Focus on feasibility, the priority waterfall, and timely filings. Industry provisions can reshape creditor leverage early in a case. For the latest on student loans under section 523, see Section 17 and update your strategy to local practice and effective dates.
Tools matter, but so do timing, negotiation, and precise use of each provision. Use this guide as a map and seek case-specific counsel when you file.
FAQ
What is Title 11 in the U.S. Code?
Title 11 is the federal bankruptcy law that governs how individuals, businesses, family farmers, and fishermen reorganize or liquidate debts. I use it as the roadmap for claims, estates, trustees, and creditor rights in bankruptcy proceedings.
Why does Title 11 matter right now?
Title 11 matters because it shapes relief options during economic shifts, affects creditor and debtor rights, and is current through Pub. L. 119-27 plus editorial updates. I watch how changes and new rulings alter real cases every day.
How is Title 11 organized at a glance?
The Code is organized by core chapters—7, 9, 11, 12, 13, and 15—and by foundational provisions covering claims, estates, priorities, and plan confirmation. That structure helps me find rules on liquidation, reorganization, and cross-border cases quickly.
What are the key differences between Chapter 7, Chapter 11, and Chapter 13?
Chapter 7 focuses on liquidation of nonexempt assets. Chapter 11 provides reorganization options for businesses and some individuals, allowing a debtor in possession to propose a plan. Chapter 13 is for individual wage-earners to repay debts under a court-approved plan. Each path has distinct timeline, creditor voting, and discharge rules.
How does Chapter 11 reorganization work?
In Chapter 11 the debtor often remains in possession, runs operations under court oversight, and files a plan. The case may end with plan confirmation, conversion to another chapter, or dismissal. I look at feasibility, disclosure, and creditor-class treatment when evaluating a plan.
What standards govern plan confirmation in Chapter 11?
Confirmation centers on exclusivity under §1121, feasibility and good faith under §1129, and cramdown rules when classes object. I assess whether a plan pays priority claims, meets legal tests, and treats impaired classes fairly.
What does the automatic stay under §362 do?
The automatic stay halts most collection efforts, foreclosures, and lawsuits to give the debtor breathing room. Certain actions may continue or require court permission, and creditors can seek relief from the stay if cause exists.
How are executory contracts and leases handled under §365?
The debtor can assume, assign, or reject executory contracts and unexpired leases. If rejected, counterparties may file damage claims. I watch cure amounts, adequate assurance, and assignment conditions closely in these disputes.
What is the priority and payment waterfall under §507?
Section 507 ranks unsecured claims—priority tax claims, wages, and certain administrative expenses sit ahead of general unsecured creditors. I use this waterfall to estimate recoveries and who gets paid first in a plan or liquidation.
Are there special rules for aircraft under Title 11?
Yes. Section 1110 offers special asset protections for aircraft lenders, allowing lienholders to repossess or seek relief despite the stay, subject to notice and cure requirements. I review these provisions in aviation finance cases.
What is Subchapter V and who qualifies for it?
Subchapter V streamlines Chapter 11 for small business debtors with debts below a statutory limit. It’s faster, less costly, and uses a Subchapter V trustee to facilitate confirmable plans while allowing owners to retain equity if they meet “fair and equitable” standards.
How does Chapter 12 help farmers and fishermen?
Chapter 12 tailors relief to family farmers and fishermen by accounting for seasonal income and regular annual income calculations. I find it provides flexible repayment terms suited to agricultural and fishing operations.
What basics should I know about Chapter 15 cross-border cases?
Chapter 15 provides a framework for recognizing foreign insolvency proceedings in U.S. courts, coordinating cross-border relief, and protecting assets subject to multiple jurisdictions. I rely on it in international restructurings.
Which definitions in Title 11 do I look up most?
I frequently check definitions for debtor, claim, debt, estate, trustee, security interest, creditor classes, and order for relief. Those terms determine rights, liabilities, and how assets and claims are treated in a case.
What major amendments to Title 11 should I note?
Key milestones include the 1978 enactment and recodification, significant changes in 1986 and 1994, the 2005 BAPCPA reforms, and Chapter 15’s addition. I also track emerging references, like the forthcoming note on “payment stablecoin” in §101.
How are student loans treated under Title 11?
Student loans are often nondischargeable under §523 unless the debtor proves undue hardship. Even then, plan feasibility and payment priority remain crucial when I evaluate repayment options and litigation strategy.