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Automatic stay - An injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.
Bankruptcy - A legal procedure for dealing with debt problems of individuals and businesses specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code).
Bankruptcy Administrator - An officer of the judiciary serving in the judicial districts of Alabama and North Carolina who, like the U.S. trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors’ committees; monitoring fee applications; and performing other statutory duties. Compare U.S. trustee.
Bankruptcy Attorney A lawyer who will file your bankruptcy petition and represent you in Bankruptcy Court and advise you of how the bankruptcy law applies to your and your current situation.
Bankruptcy Code - The informal name for title 11 of the United States Code (11 U.S.C.§§ 101-1330), the federal bankruptcy law.
Bankruptcy Court - The bankruptcy judges in regular active service in each federal judicial district; a unit of the district court.
Bankruptcy Estate - All legal or equitable interests of the debtor in property at the time of the bankruptcy filing. The estate includes all property in which the debtor has an interest, even if it is owned or held by another person.
Bankruptcy Judge - A judicial officer of the United States District Court who is the court official with decision-making power over federal bankruptcy cases.
Bankruptcy Petition - The document filed by the debtor (in a voluntary case) or by creditors (in an involuntary case) by which opens the bankruptcy case. (There are official forms for bankruptcy petitions.) Get a copy of, or read and review any Bankruptcy Form directly from The United States Bankruptcy Court for the Eastern District of Virginia Official Bankruptcy Form Website.
BK A common term used when referring to Bankruptcy, see Bankruptcy
Chapter 7 Bankruptcy The chapter of the Bankruptcy Code providing for “liquidation” (i.e., the sale of a debtor’s nonexempt property and the distribution of the proceeds to creditors).
Chapter 13 Bankruptcy - The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.)
Credit Counseling - Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the “instructional course in personal financial management” in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.
Dischargeable Debt - A debt for which the Bankruptcy Code allows the debtor’s personal liability to be eliminated
Fresh Start - Characterization of a debtor’s status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.)
Joint Petition One bankruptcy petition filed by a husband and wife together
Liquidation A sale of a debtor’s property with the proceeds to be used for the benefit of creditors.
No-Asset Case - A chapter 7 bankruptcy case where there are no assets available to satisfy any portion of the creditors’ unsecured claims.
Nondischargeable Debt A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor’s conviction of a crime. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.
Objection to Dischargeability - A trustee’s or creditor’s objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor’s fraud while acting as a fiduciary.
Objection to Exemptions - A trustee’s or creditor’s objection to the debtor’s attempt to claim certain property as exempt from liquidation by the trustee to creditors.
Party in Interest - A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, the U.S. trustee or bankruptcy administrator, the case trustee and creditors are parties in interest for most matters.
Petition Preparer - A business not authorized to practice law that prepares bankruptcy petitions. We recommend a competent, dedicated experienced Attorney at Law, Such As Cochran Bankruptcy Law Firm, to fully protect your interests and assure accuracy, accountability, and Adherence to Law.
Plan - A debtor’s detailed description of how the debtor proposes to pay creditors’ claims over a fixed period of time.
Plaintiff - A person or business that files a formal complaint with the court.
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