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February 06, 2012
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Bankruptcy Terms and Definitions

 

 

 

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.

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

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.

Skeleton filing
Term used at bankruptcy courts to describe a bankruptcy filing in which not all the necessary forms have been filed. Certain courts allow a case to commence if only certain important forms are filed so long as the balance of required forms are forthcoming within a certain period of time.

Cash collateral
Cash and cash equivalents held by the debtor in Chapter 11 subject to liens of other parties.

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

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.

Debtor-in-possession
The debtor which remains in control of operations; as opposed to having a trustee operate the company.

Secured creditors
One of two general types of creditors of a company. Secured creditors have a lien on property of the company.

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?    
 
 
Chapter 13 bankruptcy law is frequently referred to as a “wage earner” chapter
Although it is available to individuals with regular income from any source, not just wages. Once the court confirms the plan, it is the responsibility of the debtor to make the plan succeed. The debtor must make regular payments to the trustee, which will require adjustment to living on a fixed budget for a prolonged period.

 


  Newsroom  
 


News about Bankruptcy in Rochester and nationwide:

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 >


Three Indicted For Bankruptcy Fraud, Impeding The Fdic's Operations
FDIC Inspector General Gaston L. Gianni, Jr., announced today that Frank C. Romano, Jr., of Rowley, MA, the owner and operator of several Massachus...
Read more >


Representative Adam Smith Will Support Bankruptcy Reform
The Bankruptcy Reform Act of 1999 (H.R. 833) is expected to pass the House today.

Under current law, bankruptcy filers may file under Chap...

Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Bankruptcy Court

Definition:
The federal tribunal where cases under the Bankruptcy Code are litigated.

Chapter Seven

Definition:
Liquidation proceedings; generally assets are sold by a trustee and the company ceases operation. (Individuals may file Chapter 7 also.)

Chapter Nine

Definition:
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.

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 >


Rochester 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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