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August 24, 2010
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Bankruptcy Terms and Definitions

 

 

 

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

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

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.

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);

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.

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.

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.

Chapter Twenty
An unofficial term describing the filing of a Chapter 7 proceeding followed by a Chapter 13.

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

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Did You Know?    
 
 
Chapter 7 of the United States Bankruptcy Code is the Bankruptcy Code’s “liquidation” chapter
Lawyers sometimes refer to it as a “straight bankruptcy.” It is used primarily by individuals who wish to free themselves of debt simply and inexpensively, but may also be used by businesses that wish to liquidate and terminate their business.

 


  Newsroom  
 


News about Bankruptcy in Hawaii 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 >


New Bankruptcy Law Requires Credit Counseling Before Filing
If you are considering filing for bankruptcy,you should know about one major change to thebankruptcy law: Beginning October 17,2005,you must get cr...
Read more >


SEC Charges Scott D. Sullivan, WorldCom’s Former Chief Financial Officer, with Engaging in Multi-Billion Dollar Financial Fraud
Sullivan Consents to Anti-Fraud Injunction, Permanent Bar from Serving as an Officer and Director of a Public Company, and Pe...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

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.

Secured creditors

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

Set-off

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

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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