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What is Chapter 11?
Chapter 11 refers to Chapter 11 of Title 11 of the United States Code (the Bankruptcy Title). A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a "reorganization" bankruptcy. While an individual may file under Chapter 11, the provisions of chapter 11 are generally used to reorganize a business. Chapter 11 allows the debtor to continue its business operations by means of a plan of reorganization, which must meet certain statutory criteria. The debtor is given a chance to restructure its finances so that it may continue to operate, provide its employees with jobs, pay its creditors, and produce a return for its stockholders. For more detailed information, click here.
What is Chapter 7?
Chapter 7 refers to Chapter 7 of Title 11 of the United States Code (the Bankruptcy Title). Chapter 7 of the United States Bankruptcy Code is the Bankruptcy Code's "liquidation" chapter. Lawyers sometimes refer to it as a "straight bankruptcy." It is used primarily by individuals who wish to free themselves of debt simply and inexpensively, but may also be used by businesses that wish to liquidate and terminate their business. For more detailed information, click here.
What is Chapter 12
Chapter 12 refers to Chapter 12 of Title 11 of the United States Code (the Bankruptcy Title). Chapter 12 of the Bankruptcy Code was enacted by Congress in 1986, specifically to meet the needs of financially distressed family farmers. The primary purpose of this legislation was to give family farmers facing bankruptcy a chance to reorganize their debts and keep their farms.
What is Chapter 13
Chapter 13 refers to Chapter 13 of Title 11 of the United States Code (the Bankruptcy Title). Chapter 13 of the United States Bankruptcy Code is frequently referred to as a "wage earner" chapter, although it is available to individuals with regular income from any source, not just wages. Chapter 13 is designed for individuals with regular income who desire to pay their debts but are currently unable to do so. The purpose of Chapter 13 is to enable financially distressed individual debtors, under court supervision and protection, to propose and carry out a repayment plan under which creditors are paid over an extended period of time.
How do I contact my trustee?
For a contact directory for Chapter 7 trustees, click here. For a contact directory for Chapter 12 and 13 trustees, click here.
How do I get to my 341 meeting location?
Every person or business that files for bankruptcy must attend a §341 meeting of their creditors. To accomodate the debtor and their creditors, meetings are held throughout the district in the following locations. (For a map and driving directions, click on the appropriate location.)
Greenville - 150 Read Circle (USBA Meeting Room) Greenville, NC 27858
Raleigh - 300 Fayetteville Street (1st Floor USBA Meeting Room) Raleigh, NC 27601
Wilmington - New Hanover County Public Library, Northeast Branch, 1241-A Military Cutoff Road Wilmington, NC 28401
Fayetteville - Federal Building 301 Green Street Fayetteville, NC 28301
New Bern - 413 Middle Street New Bern, NC 28560
I am a Chapter 7 debtor trying to find where to file payment advices and tax returns. Where should these documents be filed?
Pursuant to local rules of the Court, all individual Chapter 7 debtors must file copies of their recent payment advices and tax returns with the Bankruptcy Administrator's office. Click here for information regarding this procedure.
We are an Unsecured Creditors' Committee and are trying to find legal representation. Can you refer us to someone?
While the Bankruptcy Administrator's office cannot refer clients to or endorse any attorney, we have compiled a list of attorneys who have notified us that they are interested in serving in that capacity. Click here for the list.
I am a bankruptcy attorney interested in representing Unsecred Creditors' Committees. How do I get on your list?
Semi-annually, we contact local attorneys in the Bankruptcy Bar to consider joining the list. However, attorneys may submit an application to be added at the list at any time. The application is available here and on the FORMS page. Periodically, the list will be updated.