Debtor/Creditor Law, from Life in the USA: The Complete Guide for Immigrants and Americans

Life in the USA is a complete guide to American life for immigrants and Americans. All materials on this site Copyright © Elliot Essman 2007. All rights reserved.    Home    Back    Next

Life in the USA
Government and Law
Everyday Law

Debtor/Creditor Law
Debtor/creditor law governs the relations between people who lend money and people who borrow it. Be aware that if you owe money and have difficulty paying it back, you have many rights that prevent the creditor from harassing you.

Bankruptcy law is a branch of debtor/creditor law largely governed by federal statutes. If you file for bankruptcy your debts may be wiped out (a "Chapter 7" or "straight" bankruptcy, subject to a growing list of limitations) or you may have a chance to reorganize your finances and pay back a portion of the money (a "Chapter 11" or "Chapter 13" bankruptcy). In either case, the federal court gives you a great deal of protection against the creditor. In determining exemptions and other matters, the federal court often looks to the law of the state involved. Of course, if you yourself are the creditor, you need to know about these laws so you can operate within the law when you try to collect money owed to you.


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