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Bankruptcy Reform Act of 1978

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Bankruptcy Reform Act of 1978
A major overhaul of previous bankruptcy law in the United States. The Act forms the basis for how bankruptcies have been conducted ever since. The Act provides for three main types of bankruptcy. Chapter 7 provides for liquidation of a business and discharge of debts. Chapter 11 allows corporations to continue operations after reorganization. Chapter 13 restructures debt but does not forgive it. See also: Bankruptcy Abuse Prevention and Consumer Protection Act, Bankruptcy and Insolvency Act.


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In an effort to clarify prior law and facilitate successful reorganizations, Congress enacted [section] 1146(c) as part of the Bankruptcy Reform Act of 1978 to give debtors tax relief by exempting post-petition transactions from taxes associated with the disposition or refinancing of real property interests.
Bankruptcy filings began to burgeon, not just because many borrowers couldn't handle the debt, but because the Bankruptcy Reform Act of 1978 made declaring bankruptcy easier for the consumer.
The court also pointed out that property exempt from creditors' claims was excluded in determining insolvency under the Bankruptcy Reform Act of 1978.
 
 
 
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