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August 24, 2010
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Bankruptcy Terms and Definitions

 

 

 

Claims
Rights to repayment made by creditors against a debtor; they may be liquidated, unliquidated, fixed, contingent, matured, unmatured, secured, unsecured, subordinated, legal or equitable.

Foreclosure
Your mortgage lender may start a foreclosure action and sell your home at a Sheriff's sale. If the sale nets less than you owe, there will be a "deficiency balance" that you will own to the lender.

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.

Reorganization
The resolving of a Chapter 11 bankruptcy by the emergence of the debtor as a viable business. Generally, the company agrees with creditors on a plan for payment of their claims (plan of reorganization) and emerges from Chapter 11 after the plan is confirmed by the court.

Automatic stay
The suspension of actions, such as debt collection or foreclosure, against the company in bankruptcy. Occurs automatically when the bankruptcy petition is filed.

Substantive consolidation
The combination of the estate of one debtor with the estate of one or more other debtors and the application of the combined estate to satisfy their combined liabilities.

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.

Bankruptcy Amendments of 1984
A set of amendments to the Bankruptcy Reform Act of 1978. It contains a number of provisions including: limiting the jurisdiction of the bankruptcy court.

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

Debtor
The entity seeking protection from creditors under the bankruptcy laws.

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Did You Know?    
 
 
Chapter 7 of the United States Bankruptcy Code is the Bankruptcy Code’s “liquidation” chapter
Lawyers sometimes refer to it as a “straight bankruptcy.” It is used primarily by individuals who wish to free themselves of debt simply and inexpensively, but may also be used by businesses that wish to liquidate and terminate their business.

 


  Newsroom  
 


News about Bankruptcy in New York and nationwide:

Safeguards in Place on Tax and Personal Information
Recent media coverage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), roughly a year after the Act went into effec...
Read more >


Definitions Accountant Continue On Page...2
(16) “equity security” means— (A) share in a corporation, whether or not transferable or denominated “stock”, or similar security; (B) interest of ...
Read more >


SEC Charges Scott D. Sullivan, WorldCom’s Former Chief Financial Officer, with Engaging in Multi-Billion Dollar Financial Fraud
Sullivan Consents to Anti-Fraud Injunction, Permanent Bar from Serving as an Officer and Director of a Public Company, and Pe...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Petition

Definition:
The document that commences a bankruptcy proceeding. plan of reorganization - the document setting forth how a bankrupt company plans to satisfy its creditors.

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.

Chapter Twenty Two

Definition:
An unofficial term describing a company that has filed for Chapter 11 twice.

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 >


New York Bankruptcy Attorney

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

  • Astoria
  • Auburn
  • Bay Shore
  • Brentwood
  • Bronx
  • Brooklyn
  • Buffalo
  • Corona
  • Elmhurst
  • Elmont
  • Endicott
  • Fairport
  • Far Rockaway
  • Flushing
  • Forest Hills
  • Freeport
  • Hamburg
  • Hempstead
  • Huntington
  • Huntington Station
  • Ithaca
  • Jackson Heights
  • Jamaica
  • Jamestown
  • Levittown
  • Lindenhurst
  • Lockport
  • Long Beach
  • Massapequa
  • Middletown
  • New York
  • Newburgh
  • North Tonawanda
  • Patchogue
  • Poughkeepsie
  • Rego Park
  • Ridgewood
  • Rochester
  • Rome
  • South Ozone Park
  • South Richmond Hill
  • Spring Valley
  • Staten Island
  • Tonawanda
  • Troy
  • Webster
  • West Babylon
  • Westbury
  • Whitestone
  • Woodside
  • Yonkers
 


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