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2011 Spring Bankruptcy Terminology 2

AB
AssetsThe items a business or person owns; the property owned by a debtor that can be used to pay debts.
Automatic StayAn order that stops the creditor from trying to collect the assets of the debtor.
BankruptA business or person declared by the court to be unable to pay debts.
BankruptcyThe process of declaring a person or business bankrupt and taking the assets and distributing them among the creditors.
Chapter 7Straight or liquidating bankruptcy. With a few exceptions, most debts are absolved.
Chapter 11Creditors form a committee to give guidance to the business so it can reestablish itself.
Chapter 13Opportunity for individuals to reorganize and to stop collection action against the assets to enable to individual to repay his or her debts.
CollateralAn asset given to guarantee the payment of an obligation.
ContingentPossible, but not certain; dependant upon something that may or may not occur.
CreditorAnyone who claims money or in the future may claim money against the debtor.
Debtor-in-possessionThe person who files under a Chapter 11. He or she retains possession of the business but under the supervision of the bankruptcy court.
DischargeThe elimination of debts owed by the debtor through the bankruptcy court.
EntityA thing that exists; can be a person, an estate, a trust, a governmental unit, or a United States trustee.
ExemptionA portion of assets a person can retain- determined by federal and/or state laws.
Involuntary BankruptcyA bankruptcy that is forced upon a person by a creditor (or creditors).
LiabilitiesMoney that is owed to another.
LiquidationAct of converting assets to cash so creditors can be paid.
Local RulesRules established by the local bankruptcy court.
MalfeasanceThe performance of an illegal act.
Meeting of CreditorsA meeting where the trustee and creditors may examine the debtor about aspects of the bankruptcy.
Noncontingent ClaimA claim that is not conditioned upon another.
Nonexempt PropertyProperty that has no federal or state exemptions.
Section 341 NoticeAfter the petition is filed, a notice is sent by the bankruptcy clerk to all creditors to give them information about who is going bankrupt and the date, time, and place of the meeting of creditors.
PetitionThe document filed to initiate a bankruptcy. It lists assets, liabilities, and debts of the debtor.
Preferred CreditorsCreditors who are paid first in a bankruptcy. They are courts, attorney for the trustee, attorney for the debtor, IRS, state taxes, county government- property taxes.
Proof of ClaimThe document that must be filed by the creditors to prove the debtor owes them money.
ReaffirmTo renew an obligation to pay a debt that had been discharged. Reaffirmation must be approved by the bankruptcy judge.
RedeemTo make a lump-sum payment to a secured creditor for the fair market value of the property.
Business Reorganization BankruptcyAnother name for a Chapter 11 bankruptcy.
SchedulesThe documents filed as part of the petition listing assets, liabilities, creditors, and property claimed as exempt.
Secured CollateralSomething that can be repossessed if the debt is not paid.
Secured CreditorsIndividuals or businesses that hold title to property in possession of the debtor. Either they get their property back, or they are paid for the property.
Secured DebtsMoney owed by the debtor which is guaranteed by collateral.
Straight BankruptcyAnother name for a Chapter 7 bankruptcy.
Wage Earner BankruptcyAnother name for a Chapter 13 bankruptcy.
TrusteeThe person, appointed by bankruptcy court, who holds the property of the debtor for the benefit of the creditors.
Undersecured CreditorsCreditors who hold collateral that has or is declining in value.
UnliquidatedReferring to an amount that is still undetermined, not fixed, or not settled.
Unsecured CreditorsCreditors who have no collateral, such as hospitals, doctors, credit card companies, etc. They usually do not get their money back.
Unsecured DebtsMoney owed where no collateral has been given. Examples would be doctor bills, utility bills, and hospital bills.
Voluntary BankruptcyA bankruptcy proceeding initiated by the debtor.
Title 11 U.S.C.The United States Code applying to bankruptcy.


Program Coordinator/Instructor
Renton Technical College

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