Bankruptcy is a court-supervised legal process that helps people who can no longer pay their debts get a fresh start by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect financially troubled businesses.
In Washington State, as in all states, bankruptcy is governed primarily by federal law, specifically Title 11 of the United States Code, also known as the Bankruptcy Code. Individuals and businesses in Washington may file for bankruptcy under several chapters of this code, the most common being Chapter 7 (liquidation) and Chapter 13 (debt adjustment for individuals with regular income). Chapter 7 allows for the sale of non-exempt assets to pay creditors, while Chapter 13 involves creating a repayment plan to pay off debts over time. Businesses may also file under Chapter 11 to reorganize and continue operations while repaying creditors. Washington State law comes into play primarily in determining property exemptions—that is, what property the debtor is allowed to keep out of the bankruptcy estate. These exemptions are listed in the Revised Code of Washington (RCW) and can include items like a primary residence, personal belongings, and tools of the trade. Debtors in Washington can choose between using the state's exemptions or the federal exemption list, depending on which is more favorable to their situation.