jan@rlawoffices.commailto:jan@rlawoffices.com?subject=
Edward J. Ribadeneira, Esq.
9590 E. Ironwood Square Dr.
Suite 105
Scottsdale, AZ 85258 
T.480.874.1313  F.480.994.5141http://maps.google.com/maps?client=safari&rls=en&q=9590+E.+Ironwood+Square+Dr.+Suite+105+Scottsdale,+AZ+85258&oe=UTF-8&um=1&ie=UTF-8&hq=&hnear=9590+E+Ironwood+Square+Dr+#105,+Scottsdale,+AZ+85258&gl=us&ei=_6cTTffmBY32tgOez-mwAg&sa=X&oi=geocode_result&ct=image&resnum=1&ved=0CBQQ8gEwAA
 

Chapter 7 is the liquidation chapter of the Bankruptcy Code. Under chapter 7, a trustee is appointed to collect and sell, if economically feasible, all non-exempt property you owned by the debtor. If the debtor's “current monthly income” is more than the state median, the Bankruptcy Code requires application of a "means test" to determine whether the chapter 7 filing is presumptively abusive. To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. Subject to the means test described above for individual debtors, relief is available under chapter 7 irrespective of the amount of the debtor's debts or whether the debtor is solvent or insolvent.


Chapter 11 is the reorganization chapter most commonly used by businesses, but it is also available to individuals.  Creditors vote on whether to accept or reject a plan, which also must be approved by the court. While the debtor normally remains in control of the assets, the court can order the appointment of a trustee to take possession and control of the business.

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Chapter 11

Chapter 7