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July 20, 2010
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Bankruptcy Terms and Definitions

 

 

 

Asset
An economic resource or item owned by a business that is expected to benefit its future operations.

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

Petition
The document that commences a bankruptcy proceeding. plan of reorganization - the document setting forth how a bankrupt company plans to satisfy its creditors.

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).

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

Default
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.

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.

Reorganization
The resolving of a Chapter 11 bankruptcy by the emergence of the debtor as a viable business. Generally, the company agrees with creditors on a plan for payment of their claims (plan of reorganization) and emerges from Chapter 11 after the plan is confirmed by the court.

Adequate protection
The right of a party with an interest in the debtor's property (such as a secured creditor) to assurance that its interest will not be diminished during the bankruptcy proceedings.

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).

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Did You Know?    
 
 
Special purpose entities in bankruptcy can be used
A business, usually a special-purpose entity, established to perform limited functions and to have one or a few primary creditors. This type of entity is sometimes established to protect lenders on large, complex projects, when the lender is to be paid solely or almost exclusively out of the money generated when the project becomes operational.

 


  Newsroom  
 


News about Bankruptcy in Arlington and nationwide:

Safeguards in Place on Tax and Personal Information
Recent media coverage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), roughly a year after the Act went into effec...
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Delaware Bankruptcy Court's Grants New Hampshire's Request for $100,000 to Pay Accrued
Delaware Bankruptcy Court's Grants New Hampshire's Request for $100,000 to Pay Accrued Vacation Time to CCT WorkersCONCO...
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 >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Trustee

Definition:
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.

Set-off

Definition:
The ability to discharge or reduce a debt by applying a counter claim between the same parties.

Small claims

Definition:
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.

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 >


Arlington Bankruptcy Attorney

 
If you live in the following cities and need a Bankruptcy attorney you should contact our Bankruptcy Attorney as soon as possible:

  • Alexandria
  • Annandale
  • Arlington
  • Ashburn
  • Blacksburg
  • Burke
  • Centreville
  • Charlottesville
  • Chesapeake
  • Chester
  • Chesterfield
  • Christiansburg
  • Colonial Heights
  • Culpeper
  • Danville
  • Dumfries
  • Fairfax
  • Falls Church
  • Fredericksburg
  • Front Royal
  • Glen Allen
  • Hampton
  • Harrisonburg
  • Herndon
  • Hopewell
  • Leesburg
  • Lorton
  • Lynchburg
  • Manassas
  • Martinsville
  • Mc Lean
  • Mechanicsville
  • Midlothian
  • Newport News
  • Norfolk
  • Petersburg
  • Portsmouth
  • Powhatan
  • Radford
  • Reston
  • Richmond
  • Roanoke
  • Salem
  • Spotsylvania
  • Springfield
  • Stafford
  • Staunton
  • Sterling
  • Suffolk
  • Vienna
  • Virginia Beach
  • Waynesboro
  • Williamsburg
  • Winchester
  • Woodbridge
  • Yorktown
 


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