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February 06, 2012
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Bankruptcy Terms and Definitions

 

 

 

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

Reamortization
If your loan is reamortized, the delinquency is added to the loan balance in order to bring your payments up to date. This increases your loan amount and will also increase your monthly payments.

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

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.

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

Garnishment Laws
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.

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

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

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.

Chapter Nine
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.

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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:

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 >


Representative Adam Smith Will Support Bankruptcy Reform
The Bankruptcy Reform Act of 1999 (H.R. 833) is expected to pass the House today.

Under current law, bankruptcy filers may file under Chap...

Read more >


Bankruptcy Filings Continue to Increase,Records Broken for Total Filings and Non-Business Filings 2003
The number of bankruptcy petitions filed in federal courts rose 7.1 percent in the 12-month period ending March 31, 2003, according to statistics r...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Petition

Definition:
The document that commences a bankruptcy proceeding. plan of reorganization - the document setting forth how a bankrupt company plans to satisfy its creditors.

Forbearance and Repayment

Definition:
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.

Core proceedings

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

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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