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February 06, 2012
Bankruptcy
             
 
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Bankruptcy Terms and Definitions

 

 

 

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

Trustee
An agent of the court who manages the property of the debtor for the benefit of the creditors. The court appoints a trustee in most Chapter 7 cases and in Chapter 11 cases when it determines that the debtor's management should not remain in control.

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

Voluntary bankruptcy
Bankruptcy filed by the debtor itself; data from the U.S. Administrative Office of the Courts subdivides bankruptcies into voluntary and involuntary.

Reamortization
If your loan is reamortized, the delinquency is added to the loan balance in order to bring your payments up to date. This increases your loan amount and will also increase your monthly payments.

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

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

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.

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.

Chapter Thirty Three
An unofficial term describing a company that has filed for Chapter 11 three times.

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Did You Know?    
 
 
Repossession is the power of the creditor to take back goods
There are two types of loans: secured and unsecured. A secured loan is one that requires you to pledge something as collateral. For example, if you purchase a car, the creditor will usually require you to put up the car as collateral. On the other hand, an unsecured loan, does not require collateral. Using a credit card is usually an unsecured loan.

 


  Newsroom  
 


News about Bankruptcy in South Carolina and nationwide:

CFA, ATTORNEYS: CONGRESS SHOULD GIVE KATRINA VICTIMS FINANICAL
Burdensome Paperwork Rules, Other “Gotcha!” Requirements Not Practical for Wiped-Out Hurricane Victims; New Law Would Make Victims’ Already Bad Sit...
Read more >


FTC Announces Settlement With Bankrupt Website, Toysmart.com, Regarding Alleged Privacy Policy Violations
Agreement Enforces Privacy Promises, Prohibits Sale of Customer Lists Except Under Very Restricted Circumstances; Company Also Faces First Charge o...
Read more >


Senate Passes Schumer Amendment To Bankruptcy Bill To Crack Down On Predatory Loans
Measure Forces Predatory Lenders To Pass Along Liability To Buyers of Loans During Chapter 11 Proceedings, Making it More Difficult to Discharge As...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Debtor-in-possession

Definition:
The debtor which remains in control of operations; as opposed to having a trustee operate the company.

Garnishment Laws

Definition:
Unsecured creditors in relation to garnishment laws do not hold any collateral that they can take from you if you fall behind on your payments.

Chapter Ten

Definition:
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.

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 >


South 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:

  • Abbeville
  • Aiken
  • Anderson
  • Beaufort
  • Belton
  • Bennettsville
  • Bluffton
  • Camden
  • Charleston
  • Chester
  • Clemson
  • Clover
  • Columbia
  • Conway
  • Darlington
  • Dillon
  • Easley
  • Elgin
  • Florence
  • Fort Mill
  • Fountain Inn
  • Gaffney
  • Gaston
  • Georgetown
  • Goose Creek
  • Greenville
  • Greenwood
  • Greer
  • Hartsville
  • Hilton Head Island
  • Inman
  • Irmo
  • Ladson
  • Lancaster
  • Laurens
  • Lexington
  • Marion
  • Moncks Corner
  • Mount Pleasant
  • Murrells Inlet
  • Myrtle Beach
  • Newberry
  • North Augusta
  • North Charleston
  • Orangeburg
  • Pickens
  • Piedmont
  • Rock Hill
  • Seneca
  • Simpsonville
  • Spartanburg
  • Summerville
  • Sumter
  • Taylors
  • Travelers Rest
  • Union
  • Walterboro
  • West Columbia
  • York
 


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