In this Comment, the author examines the issues surrounding the recent enactment of a new Chapter 12 of the Bankruptcy Code and its protection of individual bankruptcies. The author argues that, while the Code provides both consumer debtors and large corporations with a mechanism for restructuring their debts and continuing an on-going concern, it does not address the needs of individual businessmen with large business structures. The author examines the Congressional enactment of the new Chapter 12, which was designed to provide individual farmers with the chance to reorganize. The author argues that Congress should expand this newly afforded protection to all individual bankrupts, including those outside of the farming industry, so that the Code will more accurately reflect the needs of today's business community.
Andrew D. Simons,
Expanding Bankruptcy Protection to the Individual Businessman: Taking Chapter 12 One Step Further,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol24/iss5/7