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Bankruptcy

BUL 2242Activity 7·11 min read

Why it Matters

When a person or a business cannot pay its debts, the law does not leave creditors to fight over whatever remains. Federal bankruptcy law provides one uniform system that gives honest debtors a second chance while treating creditors fairly and in a fixed order. The system offers different paths for different situations: some debtors need a clean break, others need time and protection to reorganize, and choosing the wrong chapter can cost a debtor a home or a business. This activity uses three fact patterns to teach you which chapter fits which debtor and why, which is knowledge anyone in business, finance, or law will use.

Current Context

Bankruptcy filings rose 12.2 percent in the year ending June 30, 2026, to 608,511 cases, according to statistics the federal judiciary released on July 28, 2026, with business filings up 16.9 percent and Chapter 7 still accounting for the large majority of cases. Filings have climbed every quarter since a low in June 2022, though they remain far below the 2010 peak of nearly 1.6 million. On August 3, 2026, the Senate unanimously passed the Bankruptcy Threshold Adjustment Act, which would permanently restore the Subchapter V small business debt limit to $7.5 million and the Chapter 13 limit to $2.75 million after both fell back to lower levels when a temporary increase expired in 2024. The bill now awaits the House. Those limits decide whether a company like Hartwell Bakery in Fact Pattern 2 can use the faster and cheaper small business track through Chapter 11, and whether a debtor like Diana in Fact Pattern 3 qualifies for Chapter 13 at all.

PetPals Unleashed

Chapter 7

The workout agreement expires and the bank moves to collect. With seventy-two hours before the bank seizes PetPals’ assets, Noodle files a voluntary Chapter 11 bankruptcy petition. The automatic stay stops the bank cold. What follows is a painful but survivable reorganization: restructured debt, shed contracts, and a company that emerges leaner and still intact. PetPals made sure it never needed Chapter 11 again. The reorganization also cleared the path for what would eventually become the most complicated legal event in the company’s history.

Key Concepts

Bankruptcy

A federal process under Title 11 of the United States Code that lets individuals and businesses that cannot pay their debts seek relief in a federal court. Because the law is exclusively federal, the rules are the same in every state, which prevents a race to the friendliest forum and treats similar debtors and creditors alike.

Automatic Stay

The injunction that takes effect the moment a petition is filed, without any court order, and halts nearly all collection activity: lawsuits, garnishments, foreclosures, repossessions, and creditor calls. It gives the debtor room to assess the situation and, in a reorganization, time to propose a plan before creditors dismantle the business.

Bankruptcy Estate

The pool of property created at filing, consisting of all the debtor’s legal and equitable interests at that moment. In Chapter 7 the estate is liquidated to pay creditors. In Chapters 11 and 13 the debtor usually keeps the property and pays creditors from future income or restructured operations under a plan.

Secured and Unsecured Creditors

Secured creditors hold a perfected security interest in specific collateral and have first claim on its value. Unsecured creditors are paid only from what remains after secured claims and administrative expenses. An interest that was never perfected under Article 9 may be treated as unsecured, which is why the filing rules from the last activity matter so much here.

Discharge and the Fresh Start

A discharge is the court order that wipes out the debtor’s personal liability for covered debts so creditors can never collect them. It carries out the fresh start policy: an honest debtor who has exhausted the ability to pay should be able to keep enough to live on and reenter economic life. Student loans, most taxes, domestic support, and debts from fraud generally survive.

Chapter 7 Liquidation

The most common chapter, open to individuals and businesses. A trustee takes control of the estate, sells non-exempt assets, and distributes the proceeds in order of priority, and an individual debtor receives a discharge of most remaining unsecured debt in a few months. A business that files Chapter 7 gets no discharge; it simply closes and is liquidated.

Chapter 11 Reorganization

The reorganization chapter used mainly by businesses, in which the debtor usually stays in possession of its assets and proposes a plan that restructures debt, renegotiates contracts, and charts a path back to viability. Creditors vote on the plan and the court must confirm it. It is complex and expensive, but it can save a business that is worth more alive than sold for parts, as PetPals learns in Chapter 7.

Chapter 13 Individual Reorganization

A repayment plan for individuals with regular income and debts below the statutory limits, funded from future earnings over three to five years. It lets a debtor keep property that Chapter 7 would liquidate, most importantly a home in foreclosure, by curing the arrears through the plan.

Resources

What to Do

This activity uses three pre-written fact patterns to help you isolate the distinguishing features of the three major bankruptcy chapters. As you work through them, pay attention to what makes each situation different: why Chapter 7 is the answer in one, why Chapter 11 is the answer in another, and why Chapter 13 is available in the third. You post reflections on your analysis of each.

Part 1: The Socratic Analysis Sequence

Work through all four prompts for each fact pattern before moving to the next. Start with the Foundation Builder to establish your baseline understanding of the Bankruptcy Code. Next, present the first fact pattern to the AI and use the Issue Spotter to identify which chapter applies and why. Then use the Analyst to predict the outcome for the debtor and the creditors. Finally, use the Strategist to evaluate the financial decisions that led to the bankruptcy in the first place. Repeat the sequence for each of the three scenarios.

Fact Pattern 1 (Chapter 7): Marcus is a 34-year-old freelance graphic designer with $87,000 in unsecured credit card debt and $12,000 in medical bills accumulated after a period of illness that ended his primary client relationship. He has no significant assets: he rents his apartment, owns a six-year-old car worth approximately $4,000, and has $300 in his checking account. His current income from irregular freelance work is well below the Florida median income. He has not paid his credit cards in eight months. Two creditors have filed lawsuits seeking judgments. A third has begun garnishment proceedings against his bank account.

Fact Pattern 2 (Chapter 11): Hartwell Bakery Inc. is a regional bakery with fourteen employees, two retail locations, and a wholesale distribution operation supplying twenty-three restaurants. A combination of rising ingredient costs, a failed third-location expansion, and a costly equipment failure has left the company $1.2 million in debt: $400,000 secured by equipment and inventory, $800,000 in unsecured trade credit and supplier obligations. The business is still generating revenue and the core operations are profitable, but the debt load is unmanageable under current terms. The primary secured lender has issued a notice of default and indicated it intends to exercise its remedies within thirty days. The owner believes the business can survive if given time to restructure.

Fact Pattern 3 (Chapter 13): Diana is a registered nurse earning $74,000 per year. She owns a home with $40,000 in equity and has fallen $18,000 behind on her mortgage after a divorce and a period of reduced hours. Her mortgage lender has initiated foreclosure proceedings. She also has $22,000 in credit card debt and a $9,000 car loan she has kept current. Her total secured and unsecured debt is within the statutory limits for Chapter 13. She has stable employment and consistent monthly income but cannot pay the mortgage arrears in a lump sum.

Part 2: Draft Your Reflections

After completing all four prompts for a fact pattern, write a reflection of at least 100 words addressing how well you identified the applicable chapter, how accurately you analyzed the likely outcome, and what you learned about how bankruptcy law balances competing interests. Write one reflection per fact pattern. In addition, write a single introductory reflection of at least 100 words covering your overall experience with the activity as a whole.

Part 3: Post Your Deliverables

Post all of your work as a single new thread. Your post must include your introductory reflection followed by your three individual fact pattern reflections.

Include one AI chat link with a 1–2 sentence explanation of what the conversation shows and why you chose to share it.

Suggested AI Prompts

Use these prompts as a starting point, then adjust them to fit your goal. Strong prompting develops through trial, revision, and testing. It’s a foundational skill that grows into more advanced AI work such as context engineering and agent-based workflows.

Foundation Builder

Act as a bankruptcy law professor. Create a clear and thorough overview of U.S. bankruptcy law written in plain language for college students who are new to the topic. Organize the overview into logical categories covering the purpose and policy foundations of federal bankruptcy law, the function and scope of the automatic stay, the concept of discharge and the fresh start principle, the distinction between secured and unsecured creditors, and the three primary chapters available to individuals and businesses: Chapter 7 liquidation, Chapter 11 reorganization, and Chapter 13 individual reorganization. Under each category, explain the most important concepts and rules. For each chapter, explain who it is designed for, what it accomplishes, and how it differs from the others. Cite the section of Title 11 for each major rule, and tell me plainly when you are not sure of a citation so I can check it on Cornell’s U.S. Code site or against the federal courts’ Bankruptcy Basics. Write in clear paragraph form throughout.

A map of the Code with checkable citations. The categories track the concepts above, and asking for section numbers with flagged uncertainty means you can confirm the framework against the statute and the courts’ own guide before you rely on it for three fact patterns.

Issue Spotter

Act as a Socratic law tutor. I will share a bankruptcy fact pattern. After I share it, invite me to read through it carefully and identify the most important bankruptcy law issues, starting with which chapter of the Bankruptcy Code applies and why, which creditors are secured versus unsecured, how the automatic stay would affect the situation, and what outcome the debtor is likely to achieve. I will write a short summary identifying and briefly explaining each issue I spot. Once I provide my summary, give me feedback on what I identified correctly, what I missed or mischaracterized, and how I can sharpen my ability to spot and frame bankruptcy issues with greater precision.

A checklist you fill in first. The prompt names the four questions every bankruptcy analysis starts with, then waits for your answers, so the feedback targets your reasoning instead of handing you the result.

Analyst

Act as a federal bankruptcy judge. I will share a bankruptcy fact pattern. After I share it, invite me to write a paragraph explaining how I think the issues should be resolved: which chapter applies, what happens to the debtor’s assets or income, how the automatic stay affects pending creditor actions, what the likely outcome is for the debtor and the major creditor classes, and whether the debtor is likely to receive a discharge. Once I share my analysis, provide detailed feedback on what I did well, where my reasoning was imprecise or incomplete, and how I can improve my analysis to reach clearer and more accurate conclusions.

A judge’s review of your prediction. Bankruptcy judges decide exactly these questions, and the persona keeps the feedback focused on whether your outcome follows from the Code rather than on whether it sounds reasonable.

Strategist

Act as a financial strategist and attorney. I will share a bankruptcy fact pattern describing a debtor in financial distress. After I share it, invite me to write a paragraph that does two things: first, explain how the bankruptcy process resolves the situation under the applicable chapter, and second, identify the specific financial and legal decisions the debtor made, or failed to make, that led to bankruptcy in the first place and what they could have done differently to avoid it entirely. After I share my response, give me feedback that connects bankruptcy doctrine to the practical financial and legal decisions that businesses and individuals make long before they ever set foot in a bankruptcy court.

Looking upstream from the filing. Every bankruptcy has a history of earlier choices, and asking you to trace them turns the doctrine into advice a business owner could use before things go wrong.

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