In the United States, you have a legal right to seek protection from creditors through the bankruptcy process. This right originates from Article 1, Section 8, Clause 4 of the Constitution, which provides that ”The Congress shall have Power to…. establish …uniform Laws on the subject of Bankruptcies throughout the United States.”
Bankruptcy relief is available for businesses and individuals alike. A business bankruptcy usually is referred to as a “commercial” or “business” proceeding and an individual proceeding is usually referred to as a “consumer” or “personal” case. Unlike many law firms experienced in commercial bankruptcy, FactorLaw also specializes in consumer proceedings.
In 1979, Congress enacted the current version of the United States Bankruptcy Code, which is divided into various “Chapters.” Thus, if you hear the term Chapter 7, Chapter 11 or Chapter 13, it refers to a specific section of the Bankruptcy Code that deals with particular circumstances.