Uriarte & Wood, lawyers in Brea, CA, California

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...

Joint and Consolidated Cases

A husband and wife can file a joint case under Chapter 7, 11, 12 or 13. Both names are on the same petition and schedules, and only one filing fee is due. Only spouses are allowed to file a joint petition. Former spouses, partners or other relatives do not qualify for a joint petition. Whether a husband and a wife should file a bankruptcy together depends on whether both are liable on the debts involved. Filing bankruptcy generally only protects the person who filed the bankruptcy. Married couples who are jointly liable on most debts should file a joint bankruptcy. More...

Contractual Rights

The Bankruptcy Code protects the exercise of certain contractual rights by a party to a ''securities contract'' with the debtor to liquidate securities contracts from stays, avoidance and other limitations. The term ''securities contract'' includes contracts for the purchase and sale of securities, options, securities lending agreements, transactions involving certificates of deposit, securities indexes and exchange-traded foreign currency options, and settlement arrangements between securities clearing agencies and their participant members.More...

First Meeting of Creditors

Under the Bankruptcy Code, the United States trustee must convene and preside at a meeting of creditors, which is often referred to as the section 341 meeting. This must occur within a reasonable time after the order for relief in a case.More...

Appeals in Bankruptcy Cases

Decisions of bankruptcy courts are appealed to the district courts or, if they have been created, to bankruptcy appellate panels. Final orders are appealable as of right, and interlocutory orders are appealable with the consent of the appellate tribunal. Appeals of final orders go to the courts of appeals and then to the Supreme Court. Most of the procedure governing appeals of bankruptcy court decisions is found in Federal Rules of Bankruptcy Procedures, while appeals from the district courts and appellate panels are governed by the Federal Rules of Appellate Procedure. More...