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February 26, 2010
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Bankruptcy Terms and Definitions

 

 

 

Insolvency
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.

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.

Period of exclusivity
Personal bankruptcy - filed by an individual; also called a household bankruptcy, consumer bankruptcy or wage-earner bankruptcy. (see Chapter 13 and also Chapter 12).

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.

Asset
An economic resource or item owned by a business that is expected to benefit its future operations.

Default
The failure by an entity to abide by the covenants in a debt obligation or other agreement to which it is a party. The most common default is non-payment of interest or principal.

Exclusivity (period of)
A debtor in Chapter 11 has the exclusive right to file a plan of reorganization for the first 120 days of its bankruptcy. Thereafter, unless the period of exclusivity is extended by the court, other parties may file reorganization plans.

Chapter Ten
A new chapter of the bankruptcy code proposed in 1992 and pending in 1993. Chapter 10, like Chapter XI of the old code, is designed for small business reorganizations.

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.

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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.

 


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News about Bankruptcy in Richmond and nationwide:

Eighth Circuit Court of Appeals Finds that the U.S. Commodity Futures Trading Commission Properly Pursued Charges Against NRG Energy, Inc. in Minnesota District Court
August 10, 2006

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U.S. Trustee Program Announces Stipulated Agreement
            WASHINGTON, D.C.–The United States Trustee Program announced today that it ...
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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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More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Chapter Twelve

Definition:
Family farmer bankruptcies; created by Congress in 1986 (Chapter 12 became effective on November 26, 1986 and is now a permanent Chapter of the Bankruptcy Code); only a family owned farm business can qualify for Chapter 12

Adversary proceeding

Definition:
Litigation within a bankruptcy proceeding instituted by the filing of a complaint.

United States Trustee

Definition:
An agent of the U.S. Department of Justice appointed to assist in bankruptcy cases. The U.S. Trustee administers many of the duties of the court including appointing committees.

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 >


Richmond Bankruptcy Attorney

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

  • Alexandria
  • Annandale
  • Arlington
  • Ashburn
  • Blacksburg
  • Burke
  • Centreville
  • Charlottesville
  • Chesapeake
  • Chester
  • Chesterfield
  • Christiansburg
  • Colonial Heights
  • Culpeper
  • Danville
  • Dumfries
  • Fairfax
  • Falls Church
  • Fredericksburg
  • Front Royal
  • Glen Allen
  • Hampton
  • Harrisonburg
  • Herndon
  • Hopewell
  • Leesburg
  • Lorton
  • Lynchburg
  • Manassas
  • Martinsville
  • Mc Lean
  • Mechanicsville
  • Midlothian
  • Newport News
  • Norfolk
  • Petersburg
  • Portsmouth
  • Powhatan
  • Radford
  • Reston
  • Richmond
  • Roanoke
  • Salem
  • Spotsylvania
  • Springfield
  • Stafford
  • Staunton
  • Sterling
  • Suffolk
  • Vienna
  • Virginia Beach
  • Waynesboro
  • Williamsburg
  • Winchester
  • Woodbridge
  • Yorktown
 


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