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Alternatives to Chapter 7
Debtors should be aware that there are
several alternatives to chapter 7 relief.
For example, debtors who are engaged
in business, including corporations,
partnerships, and sole proprietorships,
may prefer to remain in business and
avoid liquidation. Such debtors should
consider filing a petition under chapter
11 of the Bankruptcy Code.
Under chapter
11, the debtor may seek an adjustment
of debts, either by reducing the
debt or by extending the time for repayment,
or may seek a more comprehensive
reorganization.
Sole proprietorships
may also be eligible for relief under
chapter 13 of the Bankruptcy Code.
In addition, individual debtors who
have regular income may seek an adjustment
of debts under chapter 13
of the Bankruptcy Code.
Indeed, the
court may dismiss a chapter 7 case filed
by an individual whose debts are primarily
consumer rather than business
debts if the court finds that the granting
of relief would be a substantial abuse of
the provisions of chapter 7. 11 U.S.C.
§ 707(b). A number of courts have concluded
that a chapter 7 case may be dismissed
for substantial abuse when the
debtor has the ability to propose and
carry out a workable and meaningful
chapter 13 plan.
Debtors should also be aware that
out-of-court agreements with creditors
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