Toibb V. Radloff - Discussion

Discussion

Toibb stands for the counterintuitive proposition that individuals can file for chapter 11 "reorganization" under the Bankruptcy Code. The complexity and cost of chapter 11 bankruptcy is rather high (the case-filing fee alone is $1000). However, a New York Times article reports that chapter 11 may be "an attractive alternative for individuals who have relatively large debts and relatively large income, or at least the expectation of future income, with which to finance a repayment plan."

Toibb has not been overruled by any subsequent decision of the Supreme Court, and although the Bankruptcy Code has since been amended, individuals remain eligible to file for bankruptcy under Chapter 11.

Read more about this topic:  Toibb V. Radloff

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