Bankruptcy Flashcards
Provides for the general administration of debtor’s assets by a court applointee (a receiver) for benefit of all parties
Receivership
Provides a method for protecting creditors’ rights and granting the debtor relief from his/her indebtedness
Bankruptcy
The process of turning the majority of the debtor’s assets into cash to pay debts
Liquidation
Bankruptcy filing in which debtor liquidates assets, except exempt assets, to pay creditors
Chapter 7 (a.k.a. “liquidation” or “straight bankruptcy”)
Bankruptcy in which the debtor reorganizes debts to pay creditors that is primarily used by businesses
Chapter 11
Bankruptcy in which debtor reorganizes debts to pay creditors that is primarily used by individuals
Chapter 13
A bankruptcy petition that is a formal request by the debtor for an order of relief
voluntary bankruptcy
Bankruptcy filing in which a petition is filed by creditors requesting an order for relief
Involuntary bankruptcy
Property either presently owned by the debtor as of the filing date or owed to the debtor by third parties that can be recovered by trustee
Property of the estate
Property that does not go to the estate in a bankruptcy filing (i.e. are not exempt frm paying these)
Exempt property
1.legal claim on somebody’s property: the legal right to keep or sell somebody else’s property as security for a debt
Lien
A claim against specific property by a person claiming it ot be his/hers–generally turned over to claimant
Reclamation
Claims made by a beneficiary for trust property whenthe trustee is bankrupt
Trust claim
Act set forth to amend various partys of the US Bankruptcy Code including consumer and business bankruptcies
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
A group of unsecured creditors who essentially function as teh bankruptcy trustee in chapter 11 cases
Creditor committee
After debtor completes bankruptcy, debtor is relieved of all previous debt except debts that are nondischargeable; allows debtor to get a fresh start
Discharge
The debtor’s assets that re used to pay the creditors
Estate
A party who has a close relationship with the debtor–transactions with these people are examined by the trustee for 1 year prior to filing to see if preferential transfers
Insiders
Granted, in most cases, to the debtor upon the filing of hte bankruptcy petition; allows debtors to stop paying creditors until the bankruptcy can be finalized
Order for relief
When the debtor provides payment or security to a creditor, which would allow creditor to collect more than the creditor wold have collected under Chapter 7 bankruptcy; if such a transfer took place 90 days prior to filing, the trustee may set the transaction aside to assure all creditors are treated fairly
Preferential transfer
When a debtor voluntarily chooses to repay a debt that otherwise would be fully discharged under the Bankruptcy Code
Reaffirmation
A debtor retains assets, as opposed to liquidating the assets, and agrees to pay creditors out of future earnings under Chapters 11 or 12 of the Bankruptcy Dode
Reorgabnization/ rehabilitation
A court order that prevents further collection actions by creditors; is issued upon the filing of the bankruptcy petition, but does not apply to family law issues
Stay
Individual who preside sover the bankruptcy estate and organizes the estate for the court–determines what hte assets and liabilities of the estate are
Trustee