Chapter 22 - Bankruptcy Law Flashcards
adequate protection doctrine
- in bankruptcy law, a doctrine that protects secured creditors from losing their security as a result of an automatic stay on legal proceedings by creditors against the debtor once the debtor petitions for bankruptcy relief
- in certain circumstances, the bankruptcy court may provide adequate protection by requiring the debtor or trustee to pay the creditor or provide additional guaranties to protect the creditor against the losses suffered by the creditor as a result of the stay
automatic stay
- in bankruptcy proceedings, the suspension of virtually all litigation and other action by creditors against the debtor or the debtor’s property; the stay is effective the moment the debtor files a petition in bankruptcy
bankruptcy trustee
- a person who is either appointed by the U.S. Department of Justice or by creditors in bankruptcy cases
- in all bankruptcies under Chapters 7, 12, or 13, a trustee is appointed by the U.S. Trustee, who is an officer of the Department of Justice
- Chapter 11 bankruptcies allow the debtor to continue to manage the property as a “debtor in possession,” but this person can be replaced for cause with a bankruptcy trustee
consumer-debtor
- an individual whose debts are primarily consumer debts (debts for purchases made primarily for personal or household use)
cram-down provision
- a provision of the Bankruptcy Code that allows a court to confirm a debtor’s Chapter 11 reorganization plan even though only one class of creditors has accepted it
- to exercise the court’s right under this provision, the court must demonstrate that the plan does not discriminate unfairly against any creditors and is fair and equitable
debtor in possession (DIP)
- in Chapter 11 bankruptcy proceedings, a debtor who is allowed to continue in possession of the estate in property (the business) and to continue business operations
discharge
- the termination of an obligation
- in bankruptcy proceedings, the extinction of the debtor’s dischargeable debts
insider
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liquidation
(1) in regard to bankruptcy, the sale of all of the nonexempt assets of a debtor and the distribution of the proceeds to the debtor’s creditors. Chapter 6 of the Bankruptcy Code provides for liquidation bankruptcy proceedings
(2) in regard to corporations, the prices by which corporate assets are converted into cash and distributed among creditors and shareholders according to specific rules of preference
order for relief
- a court’s grant of assistance to a complainant
- in bankruptcy proceedings, the order relieves the debtor of immediate obligation to pay the debts listed in the bankruptcy petition
petition in bankruptcy
- the document that is filed with a bankruptcy court to initiate bankruptcy proceedings
- the official forms required for a petition in bankruptcy must be completed accurately, sworn to under oath, and signed by the debtor
preference
- in bankruptcy proceedings, property transfers or payments made by the debtor that favor (give preference to) one creditor over others
- the bankruptcy trustee is allowed to recover payments made both voluntarily and involuntarily to one creditor in preference over another
preferred creditor
- one who has received a preferential transfer from a debtor
reaffirmation agreement
- an agreement between a debtor and a creditor in which the debtor reaffirms, or promises to pay, a debt dischargeable in bankruptcy
- to be enforceable, the agreement must be made prior to the discharge of the debt by the bankruptcy court
U.S. trustee
- a government official who performs certain administrative tasks that a bankruptcy judge would otherwise have to perform