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February 06, 2012
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Bankruptcy Terms and Definitions

 

 

 

Bankruptcy Court
The federal tribunal where cases under the Bankruptcy Code are litigated.

Bankrupt
The entity that files a bankruptcy; the debtor; the insolvent entity. This is a non-technical term and is not used in the Bankruptcy Code.

Chapter Thirteen
Bankruptcy proceedings for an individual with the intention of rescheduling the individual's debt (rather than liquidating the individual's assets and debt; an individual files under Chapter 7 to liquidate);

Chapter Nine
Bankruptcies of municipalities; only a few of these are filed each year; over the period 1980 through 1988 there averaged about 4 Chapter 9 filings per year.

Small claims
Also sometimes called convenience claims - under a plan of reorganization or liquidation, claims that are small (e.g. in the hundreds or thousands of dollars range) and numerous are often grouped into a single class and settled for cash for administrative convenience.

Absolute priority
The order of payment to the different classes of creditors mandated by the Bankruptcy Code. In theory, claims with higher priority are paid in full before other claims receive anything

Disclosure statement
A comprehensive disclosure document sent to creditors when they are asked to vote on a plan of reorganization in Chapter 11.

Repo Laws Repossess
The repo laws: If you don't make your car payments for a number of months, your lender may repo or repossess your car. Without a car you may not be able to get to work.

Chapter Seven
Liquidation proceedings; generally assets are sold by a trustee and the company ceases operation. (Individuals may file Chapter 7 also.)

Liquidating reorganization
An informal term for a Chapter 11 proceeding when the company is essentially liquidated through one or more asset sales.

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Did You Know?    
 
 
Can Co-Signers Be Protected
If you file Chapter 7 bankruptcy, the creditor can proceed against your co-signers, according to the terms of the debt agreement. However, if you file a Chapter 13 debt adjustment, a co-signer is protected if the following conditions are met. The debt must be a consumer debt. Also, the debt may not be incurred in the ordinary course of business, and the co-signer cannot benefit from the proceeds of the debt.

 


  Newsroom  
 


News about Bankruptcy in North Carolina and nationwide:

New Bankruptcy Law 2005
Beginning on October 17, 2005, most individual debtors filing for bankruptcy relief were required to complete either Official Bankruptcy Form B22A ...
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Accountant Means Accountant Authorized Under Applicable Law To Practice Public Accounting
101. Definitions (1) accountant means accountant authorized under applicable law to practice public accounting, and includes professional accountin...
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Customers of Enron-related REPs Protected Safeguards Approved for 13,500 non-residential Customers
Wednesday March 6, 2002 The Public Utility Commission (PUC) on Wednesday issued an interim order approving a procedure to allow for the transfer of...
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More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Insolvency

Definition:
Another term used to describe a firm that is failing; generally it means that a firm's liabilities exceed its assets or that it is unable to satisfy its obligations as they come due.

Skeleton filing

Definition:
Term used at bankruptcy courts to describe a bankruptcy filing in which not all the necessary forms have been filed. Certain courts allow a case to commence if only certain important forms are filed so long as the balance of required forms are forthcoming within a certain period of time.

Liquidation value

Definition:
The aggregate value of a business if its assets are sold piecemeal.

More Bankruptcy Terms >

Bankruptcy Resources

 


Search Bankruptcy resources in our resource center:

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Bankruptcy Hot Topics

 
Topics Related to Bankruptcy:

  • Chapter 7
  • Chapter 13
  • Chapter 11
  • Chapter 12
  • Chapter 9

More Bankruptcy Topics >


North Carolina Bankruptcy Attorney

 
If you live in the following cities and need a Bankruptcy attorney you should contact our Bankruptcy Attorney as soon as possible:

  • Apex
  • Asheboro
  • Asheville
  • Burlington
  • Cary
  • Chapel Hill
  • Charlotte
  • Clayton
  • Concord
  • Durham
  • Elizabeth City
  • Fayetteville
  • Fort Bragg
  • Garner
  • Gastonia
  • Goldsboro
  • Greensboro
  • Greenville
  • Henderson
  • Hickory
  • High Point
  • Jacksonville
  • Kernersville
  • Lenoir
  • Lexington
  • Lincolnton
  • Lumberton
  • Matthews
  • Monroe
  • Morganton
  • Mount Airy
  • Raeford
  • Raleigh
  • Reidsville
  • Sanford
  • Statesville
  • Thomasville
  • Wake Forest
  • Wilmington
  • Wilson
  • Winston Salem
 


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