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July 20, 2010
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Bankruptcy Terms and Definitions

 

 

 

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.

Liquidation value
The aggregate value of a business if its assets are sold piecemeal.

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

Automatic stay
The suspension of actions, such as debt collection or foreclosure, against the company in bankruptcy. Occurs automatically when the bankruptcy petition is filed.

Repo Laws Repossess
The repo laws: If you don't make your car payments for a number of months, your lender may repo or repossess your car. Without a car you may not be able to get to work.

Garnishment Laws
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.

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.

Chapter Twenty Two
An unofficial term describing a company that has filed for Chapter 11 twice.

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

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.

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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:

U.S. Bankruptcy Court Declines GM Plea to Halt Delphi Hearing
U.S. Bankruptcy Court Declines GM Plea to Halt Delphi Hearing

NEW YORK: A U.S. bankruptcy court judge has turned down Gen...

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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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Personal Bankruptcy Filings Doubled In Last Decade As Consumer Debt Reached Record Levels
There was one bankruptcy filed for every 73 U.S. households during calendar year 2003, up 97 percent from the 144 U.S. households per bankruptcy fi...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

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.

Bankruptcy estate

Definition:
Generally, the property of the debtor that is subject to the jurisdiction of the bankruptcy court.

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 >


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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