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February 27, 2010
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Bankruptcy Terms and Definitions

 

 

 

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.

Substantive consolidation
The combination of the estate of one debtor with the estate of one or more other debtors and the application of the combined estate to satisfy their combined liabilities.

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

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

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

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

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

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.

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.

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.

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Did You Know?    
 
 
Chapter 13 bankruptcy law is frequently referred to as a “wage earner” chapter
Although it is available to individuals with regular income from any source, not just wages. Once the court confirms the plan, it is the responsibility of the debtor to make the plan succeed. The debtor must make regular payments to the trustee, which will require adjustment to living on a fixed budget for a prolonged period.

 


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News about Bankruptcy in Oregon and nationwide:

U.S. Bankruptcy Court Declines GM Plea to Halt Delphi Hearing
U.S. Bankruptcy Court Declines GM Plea to Halt Delphi Hearing

NEW YORK: A U.S. bankruptcy court judge has turned down Gen...

Read more >


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 >


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Bankruptcy Terms

 


Today's Terms

Straight bankruptcy

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

Foreclosure

Definition:
Your mortgage lender may start a foreclosure action and sell your home at a Sheriff's sale. If the sale nets less than you owe, there will be a "deficiency balance" that you will own to the lender.

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 >


Oregon Bankruptcy Attorney

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

  • Albany
  • Ashland
  • Beaverton
  • Bend
  • Canby
  • Central Point
  • Clackamas
  • Coos Bay
  • Corvallis
  • Cottage Grove
  • Dallas
  • Eugene
  • Forest Grove
  • Grants Pass
  • Gresham
  • Hermiston
  • Hillsboro
  • Hood River
  • Klamath Falls
  • La Grande
  • Lake Oswego
  • Lebanon
  • Mcminnville
  • Medford
  • Newberg
  • Ontario
  • Oregon City
  • Pendleton
  • Portland
  • Prineville
  • Redmond
  • Roseburg
  • Salem
  • Sherwood
  • Springfield
  • The Dalles
  • Troutdale
  • Tualatin
  • West Linn
  • Wilsonville
  • Woodburn
 


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