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Phelps, Jenkins, Gibson & Fowler, L.L.P.


Bankruptcy

Chapter 12 Hardship Discharge
A Chapter 12 hardship discharge may only be granted if the unsecured creditors have received at least as much as they would have received through a Chapter 7 liquidation and if modification of the plan is not feasible. More...
Turnover to the Trustee
The Bankruptcy Code requires an entity in possession, custody, or control of property of the estate, including exempt property, to deliver that property to the trustee, unless the property is of inconsequential value to the estate. More...
Overview of Chapter 12 "Family Farmer" Bankruptcy
Chapter 12 is a part of a federal law called the Bankruptcy Code. Debtors and the United States Bankruptcy Courts must follow its provisions. Each Chapter applies to a different type of debtor. For example, Chapter 13 applies to consumers or individual debtors, with regular income who want to repay their debts under a bankruptcy plan. Chapter 12 applies to certain family farmers. More...
The "Clean Slate" of Chapter 7 Bankruptcy
What is Chapter 7 bankruptcy? More...
Voluntary and Involuntary Bankruptcy
A voluntary case is commenced by filing a petition with the bankruptcy court. The commencement of a voluntary case constitutes an order for relief under the relevant chapter. An involuntary case is commenced by filing a petition with the bankruptcy court under Chapter 7 or 11. More...

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