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February 27, 2010
Bankruptcy
             
 
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Bankruptcy Terms and Definitions

 

 

 

Bankruptcy estate
Generally, the property of the debtor that is subject to the jurisdiction of the bankruptcy court.

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.

Avoidance power
The power of the court to invalidate certain obligations or transactions undertaken by a debtor prior to filing bankruptcy.

Disclosure statement
A comprehensive disclosure document sent to creditors when they are asked to vote on a plan of reorganization in Chapter 11.

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.

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

Period of exclusivity
Personal bankruptcy - filed by an individual; also called a household bankruptcy, consumer bankruptcy or wage-earner bankruptcy. (see Chapter 13 and also Chapter 12).

Reverse leveraged buyout
When a company that was a leveraged buyout restructures its (usually unmanageable) debt by issuing new equity (usually in exchange for some or all of the outstanding debt incurred during the original leveraged buyout).

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.

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.

Contact our South Carolina Bankruptcy Lawyer Now!

 
Did You Know?    
 
 
Many family finances include a credit card debt
The typical family filing for bankruptcy in 1997 owed more than one and a half times its annual income in short-term, high-interest debt. A family earning $24,000 had an average of $36,000 in credit card and similar 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 >


Civil Enforcement Coordinators Appointed For U.S. Trustee Program
WASHINGTON, D.C.-Antonia Darling and Mark Redmiles have been appointed Civil Enforcement Co-Coordinators for the U.S. Trustee Program, it was annou...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Absolute priority

Definition:
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

Exclusivity (period of)

Definition:
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.

Chapter Eleven

Definition:
Reorganization proceedings, generally for business entities; the debtor maintains control of the business in Chapter 11 (unless the Court appoints a trustee).

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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