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February 26, 2010
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Bankruptcy Terms and Definitions

 

 

 

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.

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

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

Absolute priority
The order of payment to the different classes of creditors mandated by the Bankruptcy Code. In theory, claims with higher priority are paid in full before other claims receive anything

Bankrupt
The entity that files a bankruptcy; the debtor; the insolvent entity. This is a non-technical term and is not used in the Bankruptcy Code.

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

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.

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).

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.

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

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Did You Know?    
 
 
There are defined legal debtor rights
Debtor-creditor law governs situations where one party is unable to pay a monetary debt to another. While you have an obligation to pay your bills on time, there are laws to protect your rights if you should find yourself being pursued by a debt collection agency.

 


  Newsroom  
 


News about Bankruptcy in New Mexico 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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Definitions Accountant Continue On Page...2
(16) “equity security” means— (A) share in a corporation, whether or not transferable or denominated “stock”, or similar security; (B) interest of ...
Read more >


U.S. Trustee Program Launches Bankruptcy Civil Enforcement Initiative
WASHINGTON, D.C. The United States Trustee Program has launched an initiative to more aggressively use existing civil enforcement methods to curb a...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Chapter Eleven

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

Liquidation value

Definition:
The aggregate value of a business if its assets are sold piecemeal.

Chapter Thirteen

Definition:
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);

More Bankruptcy Terms >

Bankruptcy Resources

 


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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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