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W7000 Advanced Academic Study and Writing Charles Yamessou
Assignment: 1.1 – 5.3
Submitted in partial fulfillment of the requirements for the degree of Doctor in Business administration
From Argosy University
Instructed by: Professor Dr. Dorothy J. Williams
23 November 2009
Assignment 5.3-Outline of Paper TABLE OF CONTENTS
Table of Contents………………………………………………………………………………… Abstract ………………….………..…….………………………………… Definition of Terms …………………………………………………………….……...11
Research Question ……………………………………………………………………… Hypothesis …..……………………………………………………. The Null Hypothesis………………………………………………… The Alternative (Research) Hypothesis………………………………………………… The Directional Hypothesis……………………………………. Problem Statement……………………… Overview of Historical & Theorical Perspectives……………………. Significance of Research…………………………………………………… Relevance of Research...…………………………………………………… Limitations and Delimitations.……………………………………………………………… Methodology…………………………………………………………………………. Data Collection………………………………………….…. Sampling Procedure……………………………………………………………….. Sampling Size…………………………………………………………… Data Analysis…………………………………………………………………… Action Research…………………………………………………………………. What is Action Research?……………………………………………………….. Goals of Action Research…………………………………………………… How can it be used to validate research?………………………………………………. Literature Reviews……………………………………………………………………… Introduction……………………………………………………………………… Add my Information…………………………………………………………………… Summary………………………………………………………………………………….. Findings and Conclusions…………………………….. References…………………………………………………………………………………………
ABSTRACT
Most issues that influence small business within an organization or individual is money. Bankruptcy, in general, is the topic of this study. This research paper deals with the current law of bankruptcy and shows some tools how to file any chapter of bankruptcy. Specifically, this paper will consider the most important categories of bankruptcy law as individual or an organization. The purpose of this study is to demonstrate potential problems associated with the use of bankruptcy models. This study demonstrates the problems that may arise when bankruptcy models are inappropriately applied. The most chapter of bankruptcy this paper will focus on is chapter 7, chapter 11, and chapter 13.
Definition of Terms Throughout with study there will be words that will be used quite often. In an attempt to clarify these terms, operational definitions will be given. assets: anything, in any form, that a debtor owns. This includes tangible assets such as real estate, cars, and jewelry, as well as intangible assets, such as business goodwill, the right to sue someone, stock options, or future interests in a will.
avoidance: the ability to remove a lien. The bankruptcy code allows certain types of liens to be avoided, such as judgment liens if they impair an exemption claimed in the bankruptcy case.
bankruptcy: A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code).
Bankruptcy Code: The informal name for title 11 of the United States Code (11 U.S.C. ? ? 101-1330), the federal bankruptcy law.
bankruptcy court The bankruptcy judges in regular active service in each district; a unit of the district court.
chapter 7: The chapter of the Bankruptcy Code providing for "liquidation,"(i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors.)
chapter 9: The chapter of the Bankruptcy Code providing for reorganization of municipalities (which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).
chapter 11: The chapter of the Bankruptcy Code providing (generally) for reorganization, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.)
chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family
farmer," or a "family fisherman" as those terms are defined in the Bankruptcy Code.
chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.)
chapter 15: The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.
claim A creditor's assertion of a right to payment from the debtor or the debtor's property.
consumer debtor: A debtor whose debts are primarily consumer debts. Compare business bankruptcy.
consumer debts: Debts incurred for personal, as opposed to business, needs.
creditor One to whom the debtor owes money or who claims to be owed money by the debtor.
debt: liability on a claim
debtor: A person who has filed a petition for relief under the Bankruptcy Code.
equity: The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $100,000 is subject to a $80,000 mortgage, there is $20,000 of equity.)
fresh start The characterization of a debtor's status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.)
lien: The right to take and hold or sell the property of a debtor as security or payment for a debt or duty.
liquidation: A sale of a debtor's property with the proceeds to be used for the benefit of creditors.
personal bankruptcy: A bankruptcy where the majority of debts are non-business. Usually this is a Chapter 7, but can also be Chapter 11 or Chapter 13 depending on the circumstances.
plaintiff: A person or business that files a formal complaint with the court.
secured creditor: A creditor holding a claim against the debtor who has the right to take and hold or sell certain property of the debtor in satisfaction of some or all of the claim.
secured debt: Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens.
small business case: A special type of chapter 11 case in which there is no creditors' committee (or the creditors' committee is deemed inactive by the court) and in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.
Research Questions
Question One: How bankruptcies can affect small business? Question Two: Does Bankruptcy a big problem for the national economies?
Hypothesis
The Null Hypothesis The Alternative (Research) Hypothesis The Directional Hypothesis
Hypothesis
The Null Hypothesis The Alternative (Research) Hypothesis
The Directional Hypothesis
Problem Statement Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Chapter 12 Bankruptcy, and Chapter 13 Bankruptcy are forms of Bankruptcy methods. This study will review the types of filings bankruptcy in the business world. Bankruptcy has evolved, rapidly. The bankruptcy method most often used depends on each case. Bankruptcy is an option that often has to be considered when an individual or company cannot pay their debts as they fall due. A first time bankrupt with debts will generally receive their discharge one year after the date of the bankruptcy order (there is the possibility that in some cases the bankruptcy discharge period will be less than one year). Although bankruptcy has a bad stigma and is publicly advertised, it should always be considered when dealing with individual insolvency cases. Some case are more significant when filling them as this research considers tools used in some types of bankruptcy en example for chapter 7 as follow, Property liquidation, Secured debt, Eligibility, some kinds of debts, and for Chapter 13, Repayment, Debt limits, and Secured debts.
Overview of Historical & Theoretical Perspectives
Significance of Research
The significant of this research is to assess the way bankruptcy method in a business structure have drastically changed the society. Bankruptcy has taken such huge form in the last 10 years that it has pushed the government to enforce a new law. Though bankruptcy is the hope of saving an individual or an organization but it best considering all options before initiating it. This research is also important because the study reveals the options in bankruptcy methods as for an individual or an organization. Filing bankruptcy will have an effect on every individual or organization.
Relevance of Research
Limitations and Delimitations
This study's strengths will be use of multiple overlapping data sources; large sample size; geographic diversity; and in-depth data collection. While the sample may not be fully representative of all personal bankruptcies most of those interested to be interviewed will be a volunteer, and the age limit of 18 year olds through 40 year olds. As in all surveys, it will be relied on the truthfulness of 100 respondents.
The details called for in the telephone interview. Data for analyses will be limited to information available from the court records of a random sample cases in one federal bankruptcy district. Demographic information is limited to the variables required by the U.S. Administrative Office of the Courts. The data contained in the files will be descriptive in nature and collected at the point of filing so there is no employment, income or marital history. In the court the records debtors will be asked to specify the causes of their bankruptcy filings. Concerning the delimitation of this research most of the survey will be on line, it will be impossible to control who will answer those questions. A broad topic and an issue in today’s bankruptcy world could have surveyed a lot more people than 100. Most of the participants might not on the age range or have work experience or already files. What this tells is that the people surveyed, most may not have great knowledge about bankruptcy and their answers to the question might not be as effective as the older age group with more experience.
Methodology
Data Collection
Sampling Procedure
Sampling Size
Data Analysis
Action Research
What is Action Research?
Goals of Action Research
How can it be used to validate research?
Literature Reviews
The purpose of this study is to tell the reader about bankruptcy in the society. It will focus on the following section: Opinion of the bankruptcy laws, Impacts of bankruptcy and how they affect a company, Stopping Debt Collectors, Benefits of Filing Bankruptcy, The Bad Side of Filing Bankruptcy, Is There Life after Filing Bankruptcy, Property liquidation. Secured debt, Eligibility for Chapter 7, Bankruptcy doesn't work on some kinds of debts. Repayment, Debt limits, Secured debts.
Opinion of the bankruptcy laws Bankruptcy is a last resort where absolutely nothing can be done so it is an organized way to consolidate all debt and schedule all repayments that are possible. However this adversely limits future prospects for company and especially an individual who files bankruptcy. The laws are stricter for individuals since once an individual files bankruptcy; they are monitored and directed as to what kind of purchases they can make and what kind of assets they can hold for a certain number of years after the bankruptcy takes place. This mostly happens to people who have companies and
are personal guarantees for those companies that are forced to declare bankruptcy, thus ruining the persons credit automatically if they personally guarantee the loans. Bankruptcy on top of ruining credit history, which leads to higher rates and an inability to get a lot of credit, limits other things as well. For example, nobody who has ever filed bankruptcy is allowed to own a seat on the board of trade and other such financial opportunities. This can be quite sad if you are someone who has worked for something your whole life and then had no other choice but to file bankruptcy.
Impacts of bankruptcy and how they affect a company For companies that are corporations or even LLC's, the rules don't affect any particular person; however it does affect the company. Usually a company filing for bankruptcy is a failed company with no real positive lookout for the future. Stockholders lose faith in the company and in most cases the company closes down as most dot com's did in the 90's after the dot com boom. Although on a personal level, bankruptcy's are less life threatening at the company level, however for someone who invested their whole life worth into a company, filing for bankruptcy could limit their quality of life as well.
Stopping Debt Collectors Filing means submitting your documents with the Court and having a Docket Number assigned. Once this is done, debt collectors may no longer contact you directly to attempt to collect the debt. This does not apply if you are representing yourself in your own filing however. Under normal circumstances, if you hire an attorney to represent you, the creditors must contact your attorney. If you represent yourself, then they are allowed to contact you even after you have filed. It should be noted, however, that this is rare, and most creditors will just use the Court procedures for contact, objections, etc. Stopping Debt Collectors, Benefits of Filing Bankruptcy, The Bad Side Of Filing Bankruptcy, Is There Life After Filing Bankruptcy
Benefits of Filing Bankruptcy The most dramatic benefit is creditors must immediately cease collection actions pending the outcome of the bankruptcy. This applies once you, or the Court, have notified them that the filing has taken place. Another major benefit ... it allows you to start over from scratch without burdensome debt, and with some assets to minimize the risk of your being bankrupt again. The Bad Side of Filing Bankruptcy Obviously the worst effect is the negative impact on your credit record. Also considering that you can only file once every 7 years, this is a considerable amount of time to carry such a negative mark on your credit. Filing bankruptcy can make it more difficult for you to obtain credit, buy a house, car, or get other financing. However it isn't impossible to get financing, just harder, and your interest rates may be higher than someone who had never resorted to filing. On the other hand, creditors know you can't file for another 7 years, and many are quite happy to extend credit to you right away after filing.
Is There Life after Filing Bankruptcy Life goes on after bankruptcy, even the ability to repair your credit, and get financing for just about anything. There is one thing you need to be aware of ... a large percentage of bankruptcy filers, file again! One of the main reasons is the lack of financial education and counseling to help people manage their debt and finances. Consequently, they get in trouble again, and fall back on their last choice to get them out of debt ... again. To avoid becoming a member of the Repeat Bankruptcy Club, we strongly recommend you take the time, and make the effort, to learn how to manage your finances properly. Don't repeat your mistakes! Not sure if bankruptcy is right for you? Compare your options to consolidate debts, or get a free debt evaluation now .Find out if you can reduce your credit card payments by 50% or more. Get real help that will assist
you in finding a way to pay your debts and negotiate with your creditors. Debt Settlement is a viable alternative to bankruptcy, see if you qualify.
Chapter 7 and Chapter 13 bankruptcy basics.
Property liquidation In Chapter 7 bankruptcy, some of your property may be sold to pay down your debt. In return, most or all of your unsecured debts (that is, debts for which collateral has not been pledged) will be erased. You get to keep any property that is classified as exempt under the state or federal laws available to you (such as your clothes, car, and household furnishings). Many debtors who file for Chapter 7 bankruptcy are pleased to learn that all of their property is exempt. Secured debt If you owe money on a secured debt (for example, a car loan for which the car is pledged as a guarantee of payment), you have a choice of allowing the creditor to repossess the property; continuing your payments on the property under the contract (if the lender agrees); or paying the creditor a lump sum amount equal to the current replacement value of the property. Some types of secured debts can be eliminated in Chapter 7 bankruptcy. Eligibility for Chapter 7 Not everyone can file for Chapter 7 bankruptcy. For example, if your disposable income is sufficient to fund a Chapter 13 repayment plan -- after subtracting certain allowed expenses and monthly payments for certain debts -- you won't be allowed to use Chapter 7 bankruptcy. Bankruptcy doesn't work on some kinds of debts Though bankruptcy can eliminate many kinds of debts, such as credit card debt, medical bills, and unsecured loans, there are many types of debts, including child support and spousal support obligations and most tax debts that cannot be wiped out in bankruptcy.
Chapter Summary This review has identified and discussed bankruptcy law to the reader in the society. It will focus mainly to Opinion of the bankruptcy laws, Impacts of bankruptcy and how they affect a company, Stopping Debt Collectors, Benefits Of Filing Bankruptcy, The Bad Side Of Filing Bankruptcy, Is There Life After Filing Bankruptcy, Property liquidation and Secured debt. Eligibility for Chapter 7, Bankruptcy doesn't work on some kinds of debts. Repayment, Debt limits, Secured debts.
Introduction
What is bankruptcy? What does it mean to files bankruptcy? Bankruptcy, today, is a very common thing among companies and individuals alike. The American bankruptcy law allows people to avoid paying their debts, by offering the debtors a discharge, which eliminates all their legal responsibilities. It means that there are definitely problems, but they are problems that an individual or company can overcome. Bankruptcy is simply a process that is governed by the federal courts and is aimed at eliminating or minimizing debts. The main concept surrounding bankruptcy legislation is that it gives an individual or organization a chance at a fresh start from the overwhelming amount of debts it may be facing. Usually, the entity/debtor is not able to repay that amount of debt, or it can repay but under different terms than those set by its creditors. The individual or organization gets that fresh start, with all debts written off at the time the bankruptcy is discharged, which is normally within 3 - 5 months after the bankruptcy is filed. There are several different types of bankruptcy that entities can file in order to fit their needs or meet certain obligations. Filing the right type of bankruptcy can assist the entity with setting up
specific goals (as far as which debts will be discharged, whether an organization will reorganize, etc…), achieving those goals, and developing future financial goals. The two main types of bankruptcy are Chapter 7 and Chapter 13. Filing for Chapter 7 bankruptcy can be described as liquidation. At this time, if necessary, then liquidation can begin and it is possible that the individual could have to sell their house or other values in order to pay off the debts. Chapter 13, on the other hand, is a strategy used by people that are not completely in over their heads. Chapter 13 employs a “plan” attitude. In this type of filing, all debts are still there, but a plan is formulated with the bankruptcy court to figure out how to pay off the debts. The main type of bankruptcy filing, and the type that is most common in current events, is Chapter 11. Chapter 11 is very similar to Chapter 13; however, Chapter 11 is primarily for companies and businesses. This type of filing is often described as a “reorganization” filing. “A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time” (U.S. Courts, 1).
Add my Information
Summary
Findings and Conclusions
References
