Home -> Law Blog Directory -> Litigation Blogs -> Structured Settlements 4Real
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Litigation
: Structured Settlements 4RealInsurance Company Bankruptcy: Insurers CANNOT File Chapter 7 or Chapter 11 (With Few Exceptions)
By John Darer
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") amended the bankruptcy code and continued the long standing bar against insurance company bankruptcies
The Federal Bankruptcy Code expressly denies bankruptcy liquidation relief to insurance compnaies by providing that:
Neither a domestic insurer nor "a foreign insurance company", engaged in such business in the United States" are eligible for relief under Chapter 7. 11 U.S.C. § 109(b)(2)-(3).
Similarly, Congress denied insurers the ability to reorganize or liquidate as a going concern under Chapter 11 since (with few exceptions) only an entity that may be a Chapter 7 debtor is eligible for Chapter 11 relief. 11 U.S.C. § 109(d).
Despite this readily available public information, I'm amazed by the multitude of information on the Internet, some even written by credentialed advisers, which purports to answer the question "What if my insurance Company Goes Bankrupt?"
Just look at the headlines on a Google search for "insurance company bankruptcy"
An excellent white paper written by Robert B. House, David L. Martin and Jeffrey R. Barber for the Federation of Regulatory Counsel, Inc. does a nice job of explaining Bankruptcy Code application to insurers. see: FORC Journal:Vol. 19 Edition 4, Winter 2008
Full post as published by Structured Settlements 4Real on July 23, 2010 (boomark / email).
How to Stop Home Foreclosure
Bankruptcy can Stop Foreclosure
California Limited Liability Company Formation
Relevant information for starting a limited liability company in California
Medicare
Guide to government health insurance for the elderly
Bankruptcy Law
A complete prime (pre-2005)
Stock Splits and Reverse Stock Splits
How splits can affect stock value
National Practitioner Data Bank Fact
NPDB identifies unprofessional healthcare practitioners
Lehman Brothers
Bankrupt, Files Chapter 11
Washington Mutual Bank Collapse
May File for Bankruptcy
LINA - Cigna Life Insurance Company of North America Disability Claims
LINA Insurance alleging violations of disability insurance claims.
EquiTrust Life Insurance Company
Faces Class Action
Air Line Bankruptcy
BCI Aircraft Leasing agrees to pay $600,000 settlement related to Delta Air Lines bankruptcy claims.
Bankruptcy Reorganization
Calpine Corp. pays $2.13 million bankruptcy settlement.

Should I File A Chapter 7 Bankruptcy Or A Chapter 13 Bankruptcy
Bankruptcy: What is Chapter 13 Bankruptcy
Can I Keep Two Houses If I File Chapter 13 Bankruptcy
When Businesses File for Bankruptcy
Should Your Corporation or Limited Liability Company File Chapter 7 Bankruptcy
Can I Reaffirm My Car Loan If I Convert From Chapter 13 To Chapter 7







