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For example, 'A' borrows money from the Bank. A is the debtor, and Bank is the Creditor. But, if 'A' deposits money in the Bank, then, A is the Creditor, and Bank is here debtor. Short-Term debtor When the debt is provided for a short term (less than a year), the debtor is termed as short term.
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.
Almost any person or business is allowed to file for Chapter 11 bankruptcy. Because there are no limitations or requirements about the amount of debt or income for the entity doing the filing, Chapter 11 is available to most individuals, corporations, partnerships, joint ventures and limited liability companies.
This chapter of the Bankruptcy Code generally provides for reorganization, usually involving a corporation or partnership. A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.
Debtors are individuals or businesses that owe money, whether to banks or other individuals. Debtors are often called borrowers if the money owed is to a bank or financial institution, however, they are called issuers if the debt is in the form of securities.
Bankruptcy is a legal proceeding initiated when a person or business is unable to repay outstanding debts or obligations. It offers a fresh start for people who can no longer afford to pay their bills.
Chapter 11 is the most common type filed, which is a reorganization of a debtor's business matters and assets, and requires time to restructure their debts. When the business has filed for Chapter 11, an automatic stay comes into effect, which means that creditors are not allowed to collect on outstanding debt.
(1) Transfers made within ninety day period preceding filing may be avoided as preference. (If outside 90 day period but state law provides for preference avoidance, use § 544(b).)