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Bankruptcy Code

BANKRUPTCY CODE

The bankruptcy laws found in Title 11 of the United States Bankruptcy Code provide information on eligibility for filing for bankruptcy, debts that are dischargeable in bankruptcy, and the laws that apply to creditors where a debtor has filed to bankruptcy. Below is list of useful sections of the bankruptcy code and the information that the section provides.

1)Who May Be a Debtor in a Bankruptcy Case – The bankruptcy code does not specify that a person is required to be a legal permanent resident in order to file for bankruptcy in the United States. In fact the code seems to indicate that the existence of property within the United States is sufficient to allow the debtor to file for bankruptcy. An individual living outside of the United States can file for bankruptcy if there is property located within the United States. The amount of property needed to file a bankruptcy case in the United States is subject to argument, but I believe that bank account should be sufficient to allow a person living outside of the United States to file for bankruptcy.

2) Effect of Discharge – The bankruptcy code provides that the effect of a discharge is to remove your personal liability for debts that are dischargeable under the bankruptcy code. The discharge operates as an injunction preventing creditors and debt collectors from taking or continuing any action to collect on the discharged debt.

3) Protection Against Discriminatory Treatment – The bankruptcy code prevents the government from discriminating against a person who has been a debtor in a bankruptcy case. Governmental units are prevented from discriminating in employment and in granting licenses and permits.

Private employers cannot discriminate in hiring debtors who have filed for bankruptcy and cannot terminate debtors from employment on the basis that they have filed for bankruptcy.

The bankruptcy code also prevents government institution and private student loan companies from denying a debtor a student loan on the basis that they have filed for bankruptcy.

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