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July 20, 2010
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Bankruptcy Terms and Definitions

 

 

 

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

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).

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

Insolvency
Another term used to describe a firm that is failing; generally it means that a firm's liabilities exceed its assets or that it is unable to satisfy its obligations as they come due.

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

Debtor
The entity seeking protection from creditors under the bankruptcy laws.

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

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.

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.

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

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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 New Mexico and nationwide:

U.S. Bankruptcy Court Approves SGI's Disclosure Statement For Voting Purposes
MOUNTAIN VIEW, Calif.— Silicon Graphics (OTC: SGID) announced today that its Disclosure Statement has been approved by the U.S. Bankruptcy Court fo...
Read more >


President Signs Bankruptcy Abuse Prevention, Consumer Protection Act
 I'm pleased to be joined today by the Attorney General Al Gonzales. I want to thank the bill sponsors in the House and the Senate -- Senator ...
Read more >


Customers of Enron-related REPs Protected Safeguards Approved for 13,500 non-residential Customers
Wednesday March 6, 2002 The Public Utility Commission (PUC) on Wednesday issued an interim order approving a procedure to allow for the transfer of...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Debtor-in-possession

Definition:
The debtor which remains in control of operations; as opposed to having a trustee operate the company.

Bankruptcy Court

Definition:
The federal tribunal where cases under the Bankruptcy Code are litigated.

Debtor

Definition:
The entity seeking protection from creditors under the bankruptcy laws.

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 >


New Mexico Bankruptcy Attorney

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

  • Alamogordo
  • Albuquerque
  • Anthony
  • Artesia
  • Aztec
  • Belen
  • Carlsbad
  • Clovis
  • Deming
  • Edgewood
  • Espanola
  • Farmington
  • Gallup
  • Hobbs
  • Las Cruces
  • Las Vegas
  • Los Alamos
  • Los Lunas
  • Portales
  • Rio Rancho
  • Roswell
  • Santa Fe
  • Shiprock
  • Silver City
  • Taos
 


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