Which type of bankruptcy allows the debtor to retain control over their assets?

Study for the CLEP Business Law Test. Engage with flashcards and multiple choice questions, each question has hints and explanations. Prepare effectively for your exam!

In bankruptcy proceedings, Chapter 11 and Chapter 13 are the types that allow the debtor to retain control over their assets during the bankruptcy process.

Chapter 11 is primarily designed for businesses but can also be used by individuals. It allows the debtor to continue operating while restructuring their debts, meaning they maintain control over their assets as they propose a reorganization plan to the creditors.

Chapter 13, on the other hand, is geared towards individual debtors with regular income. It enables individuals to repay their debts over time while keeping their property. Under this chapter, debtors can keep their assets because they propose a repayment plan that must be approved by the court.

In both scenarios, the debtor is given the opportunity to manage their assets actively and propose plans to satisfy creditor claims while working toward a financial recovery. This is why the answer includes both Chapter 11 and Chapter 13, as they uniquely allow debtors to retain control of their assets during the bankruptcy process.

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