BUSINESS LAW FAQ

A debtor can voluntarily enter into bankruptcy proceedings, or proceedings can be initiated by the creditors. Proceedings that are initiated by the creditors are referred to as “involuntary bankruptcy.”

A corporation is seen as a resident of its state of incorporation, and that state’s corporate laws govern the corporation. Delaware is a popular state for incorporation because its corporate laws are especially well-developed and its courts well-versed in corporate law.

There are two types of corporate bankruptcy proceedings: Chapter 7 and Chapter 11. Under Chapter 7 proceedings, a business’s or individual’s assets are liquidated to pay outstanding debts. Under Chapter 11 proceedings, a corporation’s debts are restructured, and the corporation is allowed to continue in business.