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February 06, 2012
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Bankruptcy Terms and Definitions

 

 

 

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 Twelve
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

Core proceedings
Those proceedings that are inherent in and fundamental to the administration of a bankruptcy case.

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.

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.

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.

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.

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.

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.

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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 South Carolina and nationwide:

Bankruptcy Filings Rose in March 2006
May 26, 2006 — The number of bankruptcy cases filed in federal courts rose 12.8 percent in the 12-month period ending March 31, 2006, according to ...
Read more >


Applicability Of Chapters
(a) Except as provided in section 1161 of this title, chapters 1, 3, and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of this tit...
Read more >


Bankruptcy Filings Continue to Increase,Records Broken for Total Filings and Non-Business Filings 2003
The number of bankruptcy petitions filed in federal courts rose 7.1 percent in the 12-month period ending March 31, 2003, according to statistics r...
Read more >


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.

Adversary proceeding

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

Default

Definition:
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.

More Bankruptcy Terms >

Bankruptcy Resources

 


Search Bankruptcy resources in our resource center:

More Resources >

 

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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