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July 20, 2010
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Bankruptcy Terms and Definitions

 

 

 

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.

Reverse leveraged buyout
When a company that was a leveraged buyout restructures its (usually unmanageable) debt by issuing new equity (usually in exchange for some or all of the outstanding debt incurred during the original leveraged buyout).

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

Secured creditors
One of two general types of creditors of a company. Secured creditors have a lien on property of the company.

Foreclosure
Your mortgage lender may start a foreclosure action and sell your home at a Sheriff's sale. If the sale nets less than you owe, there will be a "deficiency balance" that you will own to the lender.

Adversary proceeding
Litigation within a bankruptcy proceeding instituted by the filing of a complaint.

Debtor-in-possession
The debtor which remains in control of operations; as opposed to having a trustee operate the company.

Substantive consolidation
The combination of the estate of one debtor with the estate of one or more other debtors and the application of the combined estate to satisfy their combined liabilities.

Straight bankruptcy
An informal term for a Chapter 7 bankruptcy or liquidation; used more commonly to describe liquidation before the Bankruptcy Reform Act of 1978.

Chapter Ten
A new chapter of the bankruptcy code proposed in 1992 and pending in 1993. Chapter 10, like Chapter XI of the old code, is designed for small business reorganizations.

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Did You Know?    
 
 
Chapter 7 of the United States Bankruptcy Code is the Bankruptcy Code’s “liquidation” chapter
Lawyers sometimes refer to it as a “straight bankruptcy.” It is used primarily by individuals who wish to free themselves of debt simply and inexpensively, but may also be used by businesses that wish to liquidate and terminate their business.

 


  Newsroom  
 


News about Bankruptcy in Wichita and nationwide:

SEC Charges Scott D. Sullivan, WorldCom’s Former Chief Financial Officer, with Engaging in Multi-Billion Dollar Financial Fraud
Sullivan Consents to Anti-Fraud Injunction, Permanent Bar from Serving as an Officer and Director of a Public Company, and Pe...
Read more >


FTC Announces Settlement With Bankrupt Website, Toysmart.com, Regarding Alleged Privacy Policy Violations
Agreement Enforces Privacy Promises, Prohibits Sale of Customer Lists Except Under Very Restricted Circumstances; Company Also Faces First Charge o...
Read more >


Customers of Enron-related REPs Protected Safeguards Approved for 13,500 non-residential Customers
Wednesday March 6, 2002 The Public Utility Commission (PUC) on Wednesday issued an interim order approving a procedure to allow for the transfer of...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Absolute priority

Definition:
The order of payment to the different classes of creditors mandated by the Bankruptcy Code. In theory, claims with higher priority are paid in full before other claims receive anything

Adequate protection

Definition:
The right of a party with an interest in the debtor's property (such as a secured creditor) to assurance that its interest will not be diminished during the bankruptcy proceedings.

Reorganization

Definition:
The resolving of a Chapter 11 bankruptcy by the emergence of the debtor as a viable business. Generally, the company agrees with creditors on a plan for payment of their claims (plan of reorganization) and emerges from Chapter 11 after the plan is confirmed by the court.

More Bankruptcy Terms >

Bankruptcy Resources

 


Search Bankruptcy resources in our resource center:

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Bankruptcy Hot Topics

 
Topics Related to Bankruptcy:

  • Chapter 7
  • Chapter 13
  • Chapter 11
  • Chapter 12
  • Chapter 9

More Bankruptcy Topics >


Wichita Bankruptcy Attorney

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

  • Derby
  • Dodge City
  • Emporia
  • Garden City
  • Hays
  • Hutchinson
  • Junction City
  • Kansas City
  • Lawrence
  • Leavenworth
  • Lenexa
  • Liberal
  • Manhattan
  • Newton
  • Olathe
  • Overland Park
  • Pittsburg
  • Prairie Village
  • Salina
  • Shawnee
  • Topeka
  • Wichita
 


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