Bankruptcy – definition and meaning
Bankruptcy is a term we use to define a business or person that cannot pay back debts. In other words, they have defaulted. This is a legal status which a court order initiates. In most cases, the debtor initiates the court order. A debtor is a party that owes money. The creditor, on the other hand, lent the money.
Not only debtors initiate the process, but also creditors who file a petition. After processing the petition, somebody then evaluates and measures the debtor’s assets.
The value of the assets subsequently goes towards reducing the balance of the debts outstanding.
According to USCourts.gov, bankruptcy is:
“A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code.”
After completing the bankruptcy proceedings, the debtor is no longer responsible for the debt obligations it had before. In other words, the previously bankrupt party has a clean slate.
Even though bankruptcies are bad for people’s reputation, they can be beneficial. First, they provide a second chance, second, they help creditors get some of their money back.
The term is derived from the Italian words ‘banca rotta.’ ‘Banca rotta’ means ‘broken bench’ or ‘broken bank.’
Bankruptcies are not always the same as insolvencies. In some countries, the term may only apply to specific entities.
For example, in the UK, the law limits bankruptcies just to people. In the US, on the other hand, the term has a broader meaning.
In fact, Americans use the term for most forms of insolvency proceedings. Companies in the UK enter into liquidation and administration.
Bankruptcy in the US
According to Title 11 of the United States Code, there are six types of bankruptcies in the US:
Of all the bankruptcies, Chapter 7 is the quickest form. It involves basic liquidation for individuals and businesses.
Chapter 9 is a federal mechanism to resolve municipal bankruptcies. In other words, when the municipality goes broke.
We often refer to Chapter 11 as corporate bankruptcy. It focuses on businesses or people with large debts and assets.
Above all, Chapter 11 gives an entity a chance to continue operating. However, the party must follow a debt repayment plan.
In December 2014, teen retailer Delia’s announced that it would liquidate all of its stores and file for Chapter 11 bankruptcy protection.
This Chapter focuses on the rehabilitation of family farmers and fishermen.
We often refer to Chapter 13 as Wage Earner Bankruptcy. It allows people with a regular income to develop a debt repayment plan.
Chapter 15 focuses on ancillary and other international bankruptcies. This Chapter aims to help foreign debtors clear debts.
A growing number of seniors in Canada are declaring bankruptcy, according to a study by the Financial Consumer Agency of Canada.
In fact, in North America, many people are entering retirement with much greater debts than previous generations.
The history of bankruptcy
Historians say the concept of bankruptcy and the subsequent consequences trace back to the 13th century. Specifically, in a law included in the Yassa.
The Yassa is a code of law created by Genghis Khan. In the Yassa code, anybody who went bankrupt three times would face the death penalty.
The first ‘Western’ statute dealing with bankruptcies and insolvencies was an Act that the Parliament of England passed in 1542.