Bankruptcy court is the legal entity that hears and rules on cases involving bankruptcy filings. It is a component of the federal judicial system, and is the forum in which bankruptcy cases are decided. Bankruptcy court is required to follow the strict rules and regulations set forth by the U.S. Bankruptcy Code. These regulations provide a framework within which debtors, creditors, and counsel can resolve disputes in the process of a bankruptcy case.
What Does Bankruptcy Court Review and Decide?
Bankruptcy court is responsible for reviewing and making decisions on a wide variety of matters related to bankruptcy cases. These matters are typically broken down into two categories: contested matters and uncontested matters. Contested matters involve disputes between the debtor and/or creditors over the outcome of a bankruptcy case. Some common contested matters include a creditor’s objection to a debtor’s discharge of debt, a debtor’s attempt to avoid a lien, and a dispute over how assets are to be distributed during bankruptcy proceedings. Uncontested matters involve decisions that must be made regarding a wide variety of non-disputable matters such as payments made to creditors, claims of secured priority creditors, and the confirmation of a Chapter 13 plan.
Example of Bankruptcy Court in Modern Times
An example of a modern bankruptcy court case is a recent ruling by the U.S. Bankruptcy Court in the District of Delaware involving a debtor seeking to discharge more than $50 million of debt. The court upheld the debtor’s claim, ruling that the debt was dischargeable due to the debtor’s good faith effort to pay creditors. The ruling was hailed as a landmark decision that set a new standard for bankruptcy cases.
How Can I Better Understand Bankruptcy Court?
Understanding the role of bankruptcy court is essential for any business professional who is dealing with bankruptcy proceedings. To gain a better understanding, it is recommended that business owners consult a qualified attorney or legal advisor who can provide advice and guidance on the complexities of the law and the nuances of the court system. Additionally, seeking out legal education and resources can help business professionals understand the ins and outs of bankruptcy court.