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February 06, 2012
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Bankruptcy Terms and Definitions

 

 

 

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

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

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

Forbearance and Repayment
The most common way of resolving a loan default is to work out a plan which will let you repay part of the delinquency each month, along with you regular monthly installment.

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

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

Chapter Thirteen
Bankruptcy proceedings for an individual with the intention of rescheduling the individual's debt (rather than liquidating the individual's assets and debt; an individual files under Chapter 7 to liquidate);

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.

Post-petition
Occurring after the filing of a petition. Preference - a payment by a debtor made during a specified period (90 days or one year) prior to the filing that favors one creditor over others.

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.

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Did You Know?    
 
 
Chapter thirteen is common for individuals with regular income
Chapter 13 is designed for individuals with regular income who are temporarily unable to pay their debts but would like to pay them in installments over a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code.

 


  Newsroom  
 


News about Bankruptcy in Hawaii and nationwide:

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 >


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 >


SEC Files Supplement to Proposed Worldcom Penalty Settlement; Proposal Subject to District and Bankruptcy Court Review and Approval
The Securities and Exchange Commission today filed documents modifying the proposed settlement of its claim for a civil penal...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Avoidance power

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

Repo Laws Repossess

Definition:
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

Definition:
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.

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 >


Hawaii Bankruptcy Attorney

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

  • Ahuimanu
  • Aiea
  • Aliamanu
  • Ewa Beach
  • Halawa
  • Hilo
  • Honolulu
  • Kahului
  • Kailua
  • Kaneohe
  • Kaneohe Station
  • Kapaa
  • Kihei
  • Lahaina
  • Makaha
  • Makakilo City
  • Mililani Town
  • Nanakuli
  • Pearl City
  • Schofield 
  • Barracks
  • Wahiawa
  • Waianae
  • Wailuku
  • Waimalu
  • Waipahu
  • Waipio

 


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