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File Chapter 7 Bankruptcy Lawyer Cortland New York Keith Dayton Attorney at Law - Cortland NY. Bankruptcy, DWI Defense, Criminal Lawyer, Landlord Tenant, Debtor, Creditor, Cortland New York. Keith Dayton Law Office Cortland file chapter 11
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Chapter 11 Reorganization Under the Bankruptcy Code     (Page 73)

Chapter 11 BACKGROUND

A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a “reorganization” bankruptcy.

An individual cannot file under chapter 11 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court or comply with orders of the court, or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d)-(e). In addition, no individual may be a debtor under chapter 11 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.

 

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