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A total of 226,777 chapter 13 consumer cases were closed by dismissal or plan completion in 2020. Table 6 illustrates that 116,145 of these cases were dismissed. In 49 percent of the cases closed (110,632 cases), the debtors received a discharge after completing repayment plans, up from 43 percent in 2019.
Chapter XI [chapter 11 of former title 11] allows a debtor to negotiate a plan outside of court and, having reached a settlement with a majority in number and amount of each class of creditors, permits the debtor to bind all unsecured creditors to the terms of the arrangement.
A bankruptcy preference claim is usually filed by a bankruptcy trustee against creditors who were paid within a certain period of time, between 90 days and 1 year, before the debtor filed for bankruptcy. A creditor will receive a letter that identifies the amount owed and demands immediate payment.
Chapter 11 and Chapter 7 Creditor Recoveries Claims To begin, proceeds first get distributed to the most senior class of creditors until each class is paid in full before moving onto the next class and so forth, until there are no remaining proceeds left.
The Preferential-Payment Rule This statute provides that when a debtor makes a payment to a creditor and the debtor files bankruptcy within 90 days of that payment, the Bankruptcy Court can force the creditor to pay that money back to the debtor for distribution to all of the debtor's creditors.
Section 547 defines a preference payment as: Payment made on an antecedent debt (meaning a debt incurred before the time of payment); Payment made while the debtor was insolvent (a company can be insolvent before it files for bankruptcy);