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Bankruptcy Laws Protect Creditors and Debtors According to the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA)

Credit and Debt as Protected By Bankruptcy Laws – Major Intents of the Statutory and Judicial Elements

Credit and debt are related. You create debt by use of credit. When you do not manage your debt well using credit, you open the door to other players.
thextraordinarionly bankruptcy laws photo

Did you know that bankruptcy laws protect both the creditor and the debtor?

According to Pittaluga (2000), the bankruptcy law protects borrowers by permitting brief reprieve from the actions of its creditors, whether the debtor is an individual, cooperation or partnership.

The major intent of the law is protecting both the best interests of creditors (e.g. returning property rights to them, dispersing monies recovered from the sale of a debtor’s possessions upon default) and debtors (e.g. compensating them for services not received and/or damages).

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As demonstrated in Section 362a of the law where the automatic stay or injunction acts of or by creditors are in force, the creditor is allowed to act in several ways.

Creditors may either commence or continue with judicial or administrative proceedings against the debtor, or enforce a judgment contained.  They can obtain possession of control of debtors’ property or create, perfect and enforce a lien against debtor’s property.

thextraordinarionly bankruptcy pic shot

Alternatively, creditors can collect or recover a claim against the debtor; set off any debt owing to debtor; criminal proceedings against the debtor; and commence or continue an action for the collection of alimony, maintenance, or support.

A condition that allows modification, termination or annulment of the automatic stay provision is for the bankruptcy petitions filed in bad faith.

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Despite the fact that honest debtors that reside in or with domiciled places of business, or property in the United States, file for bankruptcy primarily for discharge, some do not get it.  The reasons include removing, destroying or concealing property within years of filling; those who lack sufficient explanation of loss or deficiency of assets; failure to comply with Bankruptcy Court orders; et cetera (Pittaluga, (2000).

Therefore, the law protects both the creditors and debtors.

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2 thoughts on “Bankruptcy Laws Protect Creditors and Debtors According to the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA)”

  1. Great article indeed Hazlo, brand new information for me, I was thinking that the law protect the debtors only, but this rise a question of,

    If I used my credit from here in Egypt and the debtor are in the States and there is an issue can I be protected by this act as foreigner?

    Another question in regards to the act

    Is the court which deal with both cases is the same or different?

    Many thanks for your support and making me learn something new every time I read one of your articles.

    1. Adel,
      Your engaging questions lead us to get responses correct the first time.
      You need to further research on the protection laws and existing acts of the land that govern the exact scenario that you have pointed out here.
      These could be revised depending on current economic times. For example, a business can declare bankruptcy and start afresh. But for student loans, yoit is nearly impossible to get a bankruptcy deal. Its all a different ball game.
      A creditor and a debtor create a relationship around money, debt, and credit. They are both protected.
      We are elated to know that you find helpful information from ThExtraordinariOnly blogs.

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