Chapter 7 of Title 11 U.S. Code is the bankruptcy code that governs the process of liquidation under the bankruptcy laws of the U.S. In contrast to bankruptcy under Chapter 11 and Chapter 13 , which govern the process of reorganization of a debtor , Chapter 7 bankruptcy is the most common form of bankruptcy in the U.S.
50-573: The Santa Barbara News-Press was a broadsheet newspaper based in Santa Barbara, California . It was founded in 1868 as the Post and merged with the rival News to form the News-Press in 1932. On July 21, 2023, it filed for bankruptcy and ceased publication. The oldest predecessor of the News-Press (the weekly Santa Barbara Post ) started publishing on May 30, 1868. The Santa Barbara Post became
100-409: A bankruptcy discharge , whereas an individual may (see 11 U.S.C. § 727(a)(1) ). Once all assets of the corporate or partnership debtor have been fully administered, the case is closed. The debts of the corporation or partnership theoretically continue to exist until applicable statutory periods of limitations expire. Individuals who reside, have a place of business, or own property in
150-458: A 1712 tax was imposed on newspapers based on their page counts. However, larger formats had long been signs of status in printed objects and still are in many places. Outside of Britain the broadsheet developed for other reasons unrelated to the British tax structure including style and authority. With the early mechanization of the 19th century came an increased production of printed materials including
200-482: A Chapter 7 bankruptcy case. However, BAPCPA limited the ability of debtors to avoid liens through bankruptcy. The definition of "household goods" was changed limiting "electronic equipment" to one radio, one television, one VCR, and one personal computer with related equipment. The definition now excludes works of art not created by the debtor or a relative of the debtor, jewelry worth more than $ 500 (except wedding rings), and motor vehicles (§522(f)(1)(B)). Prior to BAPCPA,
250-418: A Chapter 7 debtor does not complete the course, this constitutes grounds for denial of discharge pursuant to new §727(a)(11). The financial management program is experimental and the effectiveness of the program is to be studied for 18 months. Theoretically, if the educational courses prove to be ineffective, the requirement may disappear. BAPCPA attempted to eliminate the perceived "forum shopping" by changing
300-514: A bankruptcy attorney. On October 17, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) went into effect. This legislation was the biggest reform to the bankruptcy laws since 1978. The legislation was enacted after years of lobbying efforts by banks and lending institutions and was intended to prevent abuses of the bankruptcy laws. The changes to Chapter 7 were extensive. The most noteworthy change brought by
350-403: A challenge to the debtor's Chapter 7 filing is whether the debtor can otherwise afford to repay some or all of his debts out of disposable income in the five year time frame provided by Chapter 13. If so, then the U.S. Trustee may succeed in preventing the debtor from receiving a discharge under Chapter 7, effectively forcing the debtor into Chapter 13. Some bankruptcy practitioners assert that
400-411: A debtor an opportunity to adjust income by documenting additional expenses or loss of income in situations caused by a medical condition or being called or order to active military service. However, the assumption of abuse is only rebutted where the additional expenses or adjustments for loss of income are significant enough to change the outcome of the means test. Otherwise, abuse is still presumed despite
450-452: A financially troubled business is unable to pay creditors, the business may file (or be compelled by creditors to file) for bankruptcy in a federal court under Chapter 7, which means that the business ceases operations unless those operations are continued by the Chapter 7 trustee. In a Chapter 7 bankruptcy, the trustee is appointed almost immediately, with broad powers to examine the finances of
500-470: A homestead can not be exempted. The only exception is if the value was transferred from another homestead within the same state or if the homestead is the principal residence of a family farmer (§522(p)). This "cap" would apply in situations where a debtor has purchased a new homestead in a different state, or where the debtor has increased the value to his or her homestead (presumably through a remodeling or addition). Some types of liens may be avoided through
550-423: A link on independent.com violated copyright law. The case never reached trial, as an undisclosed settlement was reached on April 28, 2008, resulting in a dismissal at the request of the parties. The newsroom was reduced from 65 employees to 20 by 2016; that same year, the News-Press was among the first newspapers to endorse Donald Trump 's campaign for president. McCaw authored several right-wing editorials during
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#1732851862357600-435: A noted environmentalist. Larry Pidgeon was a well-known editorial writer for the paper. The paper was sold to The New York Times in 1984. In 2000 the paper was bought by Wendy P. McCaw , an ex-wife of billionaire Craig McCaw . In early summer 2006, six editors and a long-time columnist suddenly resigned. The group cited the imposition of McCaw and her managers' personal opinions onto the process of reporting and publishing
650-505: A presumption of abuse is found under the means test, it may only be rebutted in the case of "special circumstances." Debtors whose income is below the state's median income are not subject to the means test. Under this test, any debtor with more than $ 182.50 in monthly disposable income, under the formula, would face a presumption of abuse. Notably, the Code-calculated income is based on the prior six months and may be higher or lower than
700-437: A tentative bankruptcy sale for $ 250,000 to Weyaweya Ltd., a Maltese company, the court scheduled a final bidding opportunity for April 9; bidding starts at $ 260,000 in $ 5,000 increments and sale includes the domain names, website contents and social media accounts. Two former employees expect to be paid a combined $ 15,000 for website logins and backups. The winning bid at $ 285,000 was from a group managed by Ben Romo , which formed
750-457: A traditional tabloid) on 12 September 2005. In June 2017, the Guardian announced it would again change the format to tabloid size – the first tabloid edition was published on 15 January 2018. The main motivation cited for this shift was that commuters prefer papers that they can hold easily on public transport and that other readers also might find the smaller formats more convenient. In
800-424: A week before the auction. The historical archives include newspapers bound into books dating back to 1870. 34°25′11″N 119°41′53″W / 34.41962°N 119.69812°W / 34.41962; -119.69812 Broadsheet A broadsheet is the largest newspaper format and is characterized by long vertical pages, typically of 22.5 inches (57 cm). Other common newspaper formats include
850-452: Is already extremely low. Also, new credit extended post-petition is not covered by the discharge, so creditors may offer new credit to the newly-bankrupt. Official Federal bankruptcy forms are prescribed in the relevant Rules, and are a computer based equivalent option of paper forms. Software can also be used, which generates court-ready forms and is more simple for users. Bankruptcy petition preparers can aid in completing applications, as can
900-501: Is called its web. The now-common 11-inch-wide front page broadsheet newspapers in the United States use a 44-inch web newsprint roll. With profit margins narrowing for newspapers in the wake of competition from broadcast, cable television, and the internet, newspapers are looking to standardize the size of the newsprint roll. The Wall Street Journal with its 12-inch-wide front page was printed on 48-inch web newsprint. Early adopters in
950-603: Is most obvious on the front page since tabloids tend to have a single story dominated by a headline, and broadsheets allow two or more stories to be displayed of which the most important sit at the top of the page " above the fold ." A few newspapers, though, such as the German Bild-Zeitung and others throughout Central Europe are tabloids in terms of content but use the physical broadsheet format. In 2003, The Independent started concurrent production of both broadsheet and tabloid (" compact ") editions, carrying exactly
1000-476: The Philadelphia Bulletin , who turned over publishing of the News-Press to one of his nephews, Stuart S. Taylor, father of writer Stuart Taylor, Jr. (The Philadelphia Bulletin continued to be run by another nephew of Robert McLean.) Under Stuart S. Taylor's tutelage news writers flourished, including Dick Smith, Walker Tompkins, and others. The nearby Dick Smith Wilderness Area was named for Smith,
1050-694: The Santa Barbara Press , which eventually became the Morning Press , which was acquired in 1932 by Thomas M. Storke and merged with his paper, the Santa Barbara News , to create the Santa Barbara News-Press . Storke, a prominent local rancher and booster descended from the Spanish founders of Santa Barbara, brought the paper to prominence. For many years his father, Charles A. Storke , ran
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#17328518623571100-612: The Teamsters , and both the News-Press management and the Teamsters made multiple appeals to the National Labor Relations Board . Former employees have encouraged subscribers to cancel their subscriptions to the News-Press , and have encouraged advertisers to cease advertising in the paper. McCaw's attorneys have filed lawsuits against former employees, journalists, as well as competing newspapers, and have issued numerous cease and desist letters, to websites linking to
1150-486: The United States , the traditional dimensions for the front page half of a broadsheet are 12 in (305 mm) wide by 22.75 in (578 mm) long. However, in efforts to save newsprint costs, many U.S. newspapers have downsized to 11 in (279 mm) wide by 21 in (533 mm) long for a folded page. Many rate cards and specification cards refer to the "broadsheet size" with dimensions representing
1200-598: The "special circumstances." Another major change to the law enacted by BAPCPA deals with eligibility. §109(h) provides that a debtor will no longer be eligible to file under either Chapter 7 or Chapter 13 unless within 180 days prior to filing, the debtor received an "individual or group briefing" from a nonprofit budget and credit counseling agency approved by the United States trustee or bankruptcy administrator. The new legislation also requires that all individual debtors in either Chapter 7 or Chapter 13 complete an "instructional course concerning personal financial management." If
1250-483: The 2005 BAPCPA amendments occurred within. The amendments effectively subject most debtors who have an income, as calculated by the Code, above the debtor's state census median income to a 60-month disposable income based test. This test is referred to as the " means test ". The means test provides for a finding of abuse if the debtor's disposable monthly income is higher than a specified floor amount or portion of their debts. If
1300-541: The News-Press website, to local business that display signs in support of former employees, and to former employees who speak to the local media. The parent company of the News-Press , Ampersand Publishing, filed a copyright infringement suit on November 9, 2006, against the Santa Barbara Independent ("SBI")—where many former News-Press columnists had become contributors to the community weekly—claiming that
1350-449: The U.S. Bankruptcy Code that include, along with many other reforms, language imposing a means test for Chapter 7 cases. Creditworthiness and the likelihood of receiving a Chapter 7 discharge are some of the issues to be considered in determining whether to file bankruptcy. The effect of bankruptcy on creditworthiness in many cases might not be significant, because by the time many debtors are ready to file for bankruptcy, their credit score
1400-463: The U.S. Trustee has become more aggressive in recent times in pursuing (what the U.S. Trustee believes to be) abusive Chapter 7 filings. Through these activities the U.S. Trustee has achieved a regulatory system that Congress and most creditor-friendly commenters have consistently espoused, i.e., a formal means test for Chapter 7. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has clarified this area of concern by making changes to
1450-614: The United States may file for bankruptcy in a federal court under Chapter 7 ("straight bankruptcy", or liquidation). Chapter 7, as with other bankruptcy chapters, is not available to individuals who have had bankruptcy cases dismissed within the prior 180 days under specified circumstances. In a Chapter 7 bankruptcy, the individual is allowed to keep certain exempt property . Most liens , however (such as real estate mortgages and security interests for car loans), survive. The value of property that can be claimed as exempt varies from state to state. Other assets, if any, are sold ( liquidated ) by
1500-545: The United States, The Wall Street Journal made headlines when it announced its overseas version would convert to a tabloid on 17 October 2005. Strong debate occurred in the US on whether or not the rest of the national papers will or even should follow the trend of the European papers and The Wall Street Journal . The Wall Street Journal overseas edition switched back to a broadsheet format in 2015. Chapter 7 bankruptcy When
1550-468: The advantage of being easier to handle, particularly among commuters. In some countries, especially Australia , Canada , the UK, and the US, broadsheet newspapers are commonly perceived to be more intellectual in content than their tabloid counterparts. They tend to use their greater size to publish stories exploring topics in-depth and carry less sensationalist and celebrity -oriented material. The distinction
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1600-493: The bankruptcy, which tends to improve creditworthiness. Consumer credit and creditworthiness is a complex subject, however. Future ability to obtain credit is dependent on multiple factors and difficult to predict. Another aspect to consider is whether the debtor can avoid a challenge by the United States Trustee to his or her Chapter 7 filing as abusive . One factor in considering whether the U.S. Trustee can prevail in
1650-409: The blending of broadsides and newspapers, creating the modern broadsheet newspaper . Modern printing facilities most efficiently print broadsheet sections in multiples of eight pages (with four front pages and four back pages). The broadsheet is then cut in half during the process. Thus, the newsprint rolls used are defined by the width necessary to print four front pages. The width of a newsprint roll
1700-496: The broadside, as well as the competing penny dreadful . Newspapers all over Europe were then starting to print their issues on broadsheets. However, in the United Kingdom, the main competition for the broadside was the gradual reduction of the newspaper tax, beginning in the 1830s until its eventual dismissal in 1855. With the increased production of newspapers and literacy, the demand for visual reporting and journalists led to
1750-517: The business in bankruptcy; generally, the trustee sells the assets and distributes the money to the creditors. The investors who took the least amount of risk prior to the bankruptcy are generally paid first. For example, secured creditors will have taken less risk, because the credit that they will have extended is usually backed by collateral , such as assets of the debtor company. Fully secured creditors —that is, creditors, such as collateralized bondholders and mortgage lenders, for whom
1800-404: The date of filing the Chapter 7 petition. This contrasts with a Chapter 13 bankruptcy, which stays on an individual's credit report for seven years from the date of filing the Chapter 13 petition. This may make credit less available or may make lending terms less favorable, although high debt can have the same effect. That must be balanced against the removal of actual debt from the filer's record by
1850-447: The debtor can choose the federal exemptions. BAPCPA also "capped" the amount of a homestead exemption that a debtor can claim in bankruptcy, despite state exemption statutes. Also, there is a "cap" placed upon the homestead exemption in situations where the debtor, within 1,215 days (about 3 years and 4 months) preceding the bankruptcy case, added value to a homestead. The provision provides that "any value in excess of $ 125,000" added to
1900-490: The debtor's actual current income at the time of filing for bankruptcy. This has led some commentators to refer to the bankruptcy code's "current monthly income" as "presumed income". If the debtor's debt is not primarily consumer debt, then the means test is inapplicable. The inapplicability to non-consumer debt allows business debtors to "abuse" credit without repercussion unless the court finds "cause." "Special circumstances" does not confer judicial discretion; rather, it gives
1950-424: The dischargeability of the student loan), and fines and restitution imposed by a court for any crimes committed by the debtor. Spousal support is likewise not covered by a bankruptcy filing, nor are property settlements through divorce. Despite their potential non-dischargeability, all debts must be listed on bankruptcy schedules. A Chapter 7 bankruptcy stays on an individual's credit report for ten years from
2000-442: The downsizing of broadsheets used a 50-inch web ( 12 + 1 ⁄ 2 -inch front pages). However, the 48-inch web is now rapidly becoming the definitive standard in the U.S. The New York Times held out on the downsizing until July 2006, saying it would stick to its 54-inch web ( 13 + 1 ⁄ 2 -inch front page). However, the paper adopted the narrower format beginning Monday, 6 August 2007. The smaller newspapers also have
2050-558: The editorial page; his son, Charles A. Storke II, oversaw operations between 1932 and 1960. In 1962, T.M. Storke won the Pulitzer Prize for Editorial Writing "for his forceful editorials calling public attention to the activities of a semi-secret organization known as the John Birch Society ". His children did not express interest in continuing to run the paper, however. Storke then sold the paper in 1964 to Robert McLean, owner of
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2100-519: The following years, including criticism of social distancing rules during the COVID-19 pandemic . The newspaper's printed edition was later reduced to four pages before being eliminated entirely. On July 21, 2023, the Santa Barbara News-Press' owner, Ampersand Publishing LLC, filed for Chapter 7 bankruptcy liquidation. The July 21 edition of the paper was the last as Wendy McCaw said all of
2150-520: The front page "half of a broadsheet" size, rather than the full, unfolded broadsheet spread. Some quote actual page size and others quote the "printed area" size. The two versions of the broadsheet are: The broadsheet, broadside , was used as a format for musical and popular prints in the 17th century. Eventually, people began using the broadsheet as a source for political activism by reprinting speeches. Broadsheet newspapers developed in Britain after
2200-503: The jobs were eliminated and the paper had no money to issue final paychecks. The filing noted $ 50,000 in assets and between $ 1 million and $ 10 million in liabilities. Not long before the bankruptcy, the publication closed its historic Santa Barbara newsroom and moved all operations to its printing facility in Goleta before stopping printing operations in June and going online-only. In March 2024, with
2250-400: The news; McCaw expressed the view that the News-Press newsroom staff had become sloppy and biased. Tensions had existed between McCaw and the newsroom since she bought the News-Press in 2000. Between July 2006 and February 2007, 60 staff (out of 200 total employees), including all but two news reporters, resigned or were fired from the News-Press . Newsroom employees voted to unionize with
2300-411: The rules on claiming exemptions. Under BAPCPA, a debtor who has moved from one state to another within two years of filing (730 days) the bankruptcy case must use exemptions from the place of the debtor's domicile for the majority of the 180-day period preceding the two years (730 days) before the filing §522(b)(3). If the new residency requirement would render the debtor ineligible for any exemption, then
2350-473: The same content. The Times did likewise, but with less apparent success, with readers vocally opposing the change. The Independent ceased to be available in broadsheet format in May 2004, and The Times followed suit from November 2004; The Scotsman is also now published only in tabloid format. The Guardian switched to the "Berliner" or "midi" format found in some other European countries (slightly larger than
2400-566: The smaller Berliner and tabloid – compact formats. Many broadsheets measure roughly 28 by 22 + 3 ⁄ 4 in (711 by 578 mm) per full broadsheet spread, twice the size of a standard tabloid. Australian and New Zealand broadsheets always have a paper size of A1 per spread (841 by 594 mm or 33.1 by 23.4 in). South African broadsheet newspapers have a double-page spread sheet size of 820 by 578 mm (32.3 by 22.8 in) (single-page live print area of 380 x 545 mm). Others measure 22 in (560 mm) vertically. In
2450-414: The trustee to repay creditors. Many types of unsecured debt are legally discharged by the bankruptcy proceeding, but there are various types of debt that are not discharged in a Chapter 7. Common exceptions to discharge include child support , income taxes less than three years old, property taxes , student loans (unless the debtor prevails in a difficult-to-win adversary proceeding brought to determine
2500-429: The value of collateral equals or exceeds the amount of debt outstanding—have a legally enforceable right to the collateral securing their loans or to the equivalent value, a right that generally cannot be defeated by bankruptcy. They are therefore not entitled to participate in any distribution of liquidated assets that the bankruptcy trustee might make. In a Chapter 7 case, a corporation or partnership does not receive
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