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''Toibb v. Radloff'', 501 U.S. 157 (1991), was a case in which the United States Supreme Court held that individuals are eligible to file for relief under the reorganization provisions of chapter 11 of the United States Bankruptcy Code, even if they are not engaged in a business. ==Background== In the United States, an individual or entity may file for bankruptcy to obtain relief from debts. An individual who files for bankruptcy, known as the "debtor," may be allowed to pay as much of his or her debts as possible, under the supervision of a federal bankruptcy court. Any remaining debt is discharged,〔(【引用サイトリンク】work=Bankruptcy Basics )〕 thus allowing the debtor a financial "fresh start." Bankruptcy cases are governed by the Bankruptcy Code, which in its current form was enacted as title 11 of the United States Code in 1978.〔''See'' Pub. L. 95–598, 92 Stat. 2549 (1978).〕 pursuant to the Bankruptcy Clause of Article I, Section 8 of the Constitution.〔(U.S. Const. ) art. I, § 8〕 The Bankruptcy Code provides for several different types of bankruptcy case, each of which is addressed in a separate "chapter" of the Code. The most common type of bankruptcy is liquidation under chapter 7 of the Code, which applies to both individual and corporate debtors. In a chapter 7 case, an individual debtor's non-exempt assets are placed into a bankruptcy estate under the control of a court-appointed trustee for distribution to creditors, and the debtor usually receives a discharge of his or her remaining debts. Alternatively, an individual who earns regular income and whose income is less than a specified annual maximum may instead choose to file a chapter 13 case, under which the individual agrees to repay all or a portion of his or her debts under a repayment plan approved by the bankruptcy court. (There is also an additional option, chapter 12, available for debtors who are farmers or fishermen.) Another type of bankruptcy case is reorganization under chapter 11 of the Bankruptcy Code. In a chapter 11 case, unless the court orders otherwise, the debtor retains operating control of the debtor's assets as a "debtor in possession" and is allowed a period of time within which to propose a "plan of reorganization" to address creditor claims. The procedures for chapter 11 reorganization cases are complex and were widely understood to apply only to business debtors—that is, business entities such as corporations, and individuals who were the owners of a business enterprise. However, the Code did not expressly state that chapter 11 excluded individuals who were not engaged in business from filing a chapter 11 case. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Toibb v. Radloff」の詳細全文を読む スポンサード リンク
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