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August 24, 2010
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Bankruptcy Terms and Definitions

 

 

 

Claims
Rights to repayment made by creditors against a debtor; they may be liquidated, unliquidated, fixed, contingent, matured, unmatured, secured, unsecured, subordinated, legal or equitable.

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

Chapter Ten
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.

Straight bankruptcy
An informal term for a Chapter 7 bankruptcy or liquidation; used more commonly to describe liquidation before the Bankruptcy Reform Act of 1978.

Set-off
The ability to discharge or reduce a debt by applying a counter claim between the same parties.

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

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

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.

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);

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

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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 Tennessee and nationwide:

Bankruptcy Filings Rose In March 2006 12-Month Period
The number of bankruptcy cases filed in federal courts rose 12.8 percent in the 12-month period ending March 31, 2006, according to statistics rele...
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

Cash collateral

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

Adversary proceeding

Definition:
Litigation within a bankruptcy proceeding instituted by the filing of a complaint.

Disclosure statement

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

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 >


Tennessee Bankruptcy Attorney

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

  • Antioch
  • Brentwood
  • Bristol
  • Chattanooga
  • Clarksville
  • Cleveland
  • Clinton
  • Collierville
  • Columbia
  • Cookeville
  • Cordova
  • Dayton
  • Dyersburg
  • Elizabethton
  • Franklin
  • Gallatin
  • Goodlettsville
  • Hendersonville
  • Hermitage
  • Hixson
  • Jackson
  • Johnson City
  • Kingsport
  • Knoxville
  • Lebanon
  • Madison
  • Maryville
  • Mc Minnville
  • Memphis
  • Millington
  • Morristown
  • Mount Juliet
  • Murfreesboro
  • Nashville
  • Oak Ridge
  • Shelbyville
  • Smyrna
  • Soddy Daisy
  • Springfield
  • Tullahoma
 


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