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February 06, 2012
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Bankruptcy Terms and Definitions

 

 

 

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

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

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

Chapter Thirty Three
An unofficial term describing a company that has filed for Chapter 11 three times.

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

Chapter Twelve
Family farmer bankruptcies; created by Congress in 1986 (Chapter 12 became effective on November 26, 1986 and is now a permanent Chapter of the Bankruptcy Code); only a family owned farm business can qualify for Chapter 12

Reverse leveraged buyout
When a company that was a leveraged buyout restructures its (usually unmanageable) debt by issuing new equity (usually in exchange for some or all of the outstanding debt incurred during the original leveraged buyout).

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

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

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.

Contact our North Dakota Bankruptcy Lawyer Now!

 
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 North Dakota and nationwide:

SEC Files Supplement to Proposed Worldcom Penalty Settlement; Proposal Subject to District and Bankruptcy Court Review and Approval
The Securities and Exchange Commission today filed documents modifying the proposed settlement of its claim for a civil penal...
Read more >


Senate Passes Schumer Amendment To Bankruptcy Bill To Crack Down On Predatory Loans
Measure Forces Predatory Lenders To Pass Along Liability To Buyers of Loans During Chapter 11 Proceedings, Making it More Difficult to Discharge As...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Bankruptcy estate

Definition:
Generally, the property of the debtor that is subject to the jurisdiction of the bankruptcy court.

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.

Garnishment Laws

Definition:
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.

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 >


North Dakota Bankruptcy Attorney

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

  • Bismarck
  • Dickinson
  • Fargo
  • Grand Forks
  • Jamestown
  • Mandan
  • Minot
  • Wahpeton
  • West Fargo
  • Williston
 


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