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February 27, 2010
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Bankruptcy Terms and Definitions

 

 

 

Set-off
The ability to discharge or reduce a debt by applying a counter claim between the same parties.

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 Eleven
Reorganization proceedings, generally for business entities; the debtor maintains control of the business in Chapter 11 (unless the Court appoints a trustee).

Claims
Rights to repayment made by creditors against a debtor; they may be liquidated, unliquidated, fixed, contingent, matured, unmatured, secured, unsecured, subordinated, legal or equitable.

Garnishment Laws
Unsecured creditors in relation to garnishment laws do not hold any collateral that they can take from you if you fall behind on your payments.

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

Default
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.

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

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

Voluntary bankruptcy
Bankruptcy filed by the debtor itself; data from the U.S. Administrative Office of the Courts subdivides bankruptcies into voluntary and involuntary.

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Did You Know?    
 
 
Special purpose entities in bankruptcy can be used
A business, usually a special-purpose entity, established to perform limited functions and to have one or a few primary creditors. This type of entity is sometimes established to protect lenders on large, complex projects, when the lender is to be paid solely or almost exclusively out of the money generated when the project becomes operational.

 


  Newsroom  
 


News about Bankruptcy in Salt Lake City and nationwide:

U.S. Bankruptcy Court Approves SGI's Disclosure Statement For Voting Purposes
MOUNTAIN VIEW, Calif.— Silicon Graphics (OTC: SGID) announced today that its Disclosure Statement has been approved by the U.S. Bankruptcy Court fo...
Read more >


The Honorable Jed Rakoff Approves Settlement of SEC'S Claim for a Civil Penalty Against Worldcom
In its Opinion and Order, the Court concluded that "the proposed settlement is not only fair and reasonable but as good an outcome as anyone could ...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Cash collateral

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

Exclusivity (period of)

Definition:
A debtor in Chapter 11 has the exclusive right to file a plan of reorganization for the first 120 days of its bankruptcy. Thereafter, unless the period of exclusivity is extended by the court, other parties may file reorganization plans.

Disclosure statement

Definition:
A comprehensive disclosure document sent to creditors when they are asked to vote on a plan of reorganization in Chapter 11.

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 >


Salt Lake City Bankruptcy Attorney

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

  • American Fork
  • Bountiful
  • Brigham City
  • Cedar City
  • Clearfield
  • Draper
  • Kaysville
  • Layton
  • Lehi
  • Logan
  • Magna
  • Midvale
  • Ogden
  • Orem
  • Pleasant Grove
  • Provo
  • Riverton
  • Roy
  • Saint George
  • Salt Lake City
  • Sandy
  • South Jordan
  • Spanish Fork
  • Springville
  • Tooele
  • Vernal
  • West Jordan
 


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