Bankruptcy and Civil Law

Bankruptcy and Civil Law

By: Scott Jenkins

September 17, 2015

Civil law codes are referred too when there are disputes between parties about contracts, real estate, family law and bankruptcy along with many other types of cases. The codification of civil law pertains to grievances between individual allowing the court system to resolve disputes by reviewing what the proper code of conduct in the case should be. Civil law differs from criminal law in that an individual and the government have the dispute in the criminal law cases, which would involve the use of common law for resolution.

Civil law is derived from Roman law and is based on codes of conduct that lawmakers and legal scholars have compiled throughout history. Civil law differs from British Common Law in that civil law sites civil codes while common law sites precedents of past legal cases in find the remedy to disputes. Common law is the type of law practiced in America and many of the countries that had been colonies of Britain. Civil law is predominantly practiced throughout Europe, in South America and in places like Quebec, Louisiana and Puerto Rico.

Civil law is used in the process of filing bankruptcy. There are two types of bankruptcy filing. Liquidation – Chapter 7, and reorganization – Chapter 13, are the most common bankruptcy protections. Under Chapter 7 liquidation, a trustee is appointed to review the bankruptcy filing with the creditors within a three to six month period. The trustee can sell some of the person’s property for repayment but there is property that is exempt under the bankruptcy code and cannot be sold. Chapter 13 bankruptcy is a reorganization of a person’s debt. The person must have an income and be able to pay down part of the debt over a three to five year period. The bankruptcy code is very strict but is effective at offering an individual some relief when economic circumstances require that remedy.

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