Bankruptcy and the Bankruptcy Court
The process of filing for bankruptcy starts with a motion to extend the automatic stay, which prevents creditors from collecting. In many cases, the court will grant the creditor’s motion if the debtor shows good cause. Once the automatic stay is extended, the creditors can’t collect any more from the debtor. The bankruptcy judge will then review the case and make a decision. The judge’s decision is final, and the debtor’s creditors are notified.
Although the bankruptcy court is not a court of the United States, it is generally viewed as a unit of district courts. However, the recent revision of Chrysler Fin. Co. v. Schlant held that the court is an extension of the district court and can hear the case. The district courts retain jurisdiction over the bankruptcy cases they receive. If a debtor does not wish to file for bankruptcy in their jurisdiction, they can appeal the case to a higher court.
A bankruptcy court is a federal court located in the United States. It is the court of last resort for resolving cases involving bankruptcy. A judge may not hear a lawsuit where the debtor cannot pay his debts. In many instances, the debtor must pay back the full amount of their debts before the court can consider filing for bankruptcy. But if a person is unable to repay his or her debts, the court may order the debtor to file for bankruptcy. This can be a very stressful situation for the debtor and his or her family.