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February 26, 2010
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Bankruptcy Terms and Definitions

 

 

 

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

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

Trustee
An agent of the court who manages the property of the debtor for the benefit of the creditors. The court appoints a trustee in most Chapter 7 cases and in Chapter 11 cases when it determines that the debtor's management should not remain in control.

Chapter Twenty Two
An unofficial term describing a company that has filed for Chapter 11 twice.

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

United States Trustee
An agent of the U.S. Department of Justice appointed to assist in bankruptcy cases. The U.S. Trustee administers many of the duties of the court including appointing committees.

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

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.

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?    
 
 
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 West Virginia 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...
Read more >


Accountant Means Accountant Authorized Under Applicable Law To Practice Public Accounting
101. Definitions (1) accountant means accountant authorized under applicable law to practice public accounting, and includes professional accountin...
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 >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Reorganization

Definition:
The resolving of a Chapter 11 bankruptcy by the emergence of the debtor as a viable business. Generally, the company agrees with creditors on a plan for payment of their claims (plan of reorganization) and emerges from Chapter 11 after the plan is confirmed by the court.

Asset

Definition:
An economic resource or item owned by a business that is expected to benefit its future operations.

Default

Definition:
The failure by an entity to abide by the covenants in a debt obligation or other agreement to which it is a party. The most common default is non-payment of interest or principal.

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 >


West Virginia Bankruptcy Attorney

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

  • Barboursville
  • Beckley
  • Bluefield
  • Bridgeport
  • Buckhannon
  • Charles Town
  • Charleston
  • Clarksburg
  • Elkins
  • Elkview
  • Fairmont
  • Grafton
  • Harpers Ferry
  • Huntington
  • Hurricane
  • Keyser
  • Logan
  • Martinsburg
  • Morgantown
  • Moundsville
  • Oak Hill
  • Parkersburg
  • Princeton
  • Saint Albans
  • Vienna
  • Weirton
  • Wellsburg
  • Wheeling
 


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