Chapter 10 Flashcards
Chapter 13
is known as a “wage earner “ proceeding. This plan is designed for the rehabilitation of the debtor.The funding of the plan is designed to come from future wages and earnings of the debtor. During the period covered by the plan, creditors must accept payments as they are provided in the plan. They may not seek to collect their debts by other means.
voluntary conveyance
deed in lieu of foreclosure / lender accept the title
Extension Agreement
Extending amortization period for the remaining principal due.
Chapter 7
Straight Bankruptcy/ liquidate the debtor’s assets and distribute the proceeds among the various creditors. A lender will normally be paid in full if the value of the property is more than the balance due under the mortgage.
Non-recourse loan
loan that does not hold the borrower personally liable
Decree of foreclosure
court order the sale of the property by sheriff or court appointed representative.
Technical default
breach of mortgage agreement for failure to keep the collateral in repair.
Chapter 11
Bankruptcy to safeguard the commercial debtor’s asset, while creating reorganization plan, great concern to lenders who may find that their security is tied up for years during the reorganization process.
Forbearance or moratorium
waiver of principal payments
deferred interest
partial payments
prepayments
The Housing Act of 1964
The FHA requires that lenders provide relief in circumstances where the default is beyond the borrower’s control