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Bankruptcy Flashcards
Bankruptcy Flashcards
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17 Terms
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Bankruptcy
A legal process governed by the Federal Bankruptcy Code that allows individuals or organizations to eliminate or repay some or all debts.
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Discharge
The release of a debtor from personal liability for certain debts, meaning they are no longer legally required to pay them.
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Automatic Stay
An injunction that automatically halts actions by creditors to collect debts from a debtor who has declared bankruptcy.
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Chapter 7
A bankruptcy chapter focusing on personal liquidation where non-exempt assets are sold to pay creditors.
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Nondischargeable Debts
Debts that cannot be eliminated through bankruptcy, such as taxes, alimony, and child support.
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Creditor
An individual or institution to whom money is owed.
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Trustee
An individual appointed by the court to manage the debtor's estate and ensure fair distribution to creditors.
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Pre-petition Assets
All property and assets the debtor owns before filing for bankruptcy.
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Post-petition Assets
All property and assets the debtor earns or acquires after filing the bankruptcy petition.
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Fraudulent Conveyance
A transfer of property made with the intent to deceive or defraud creditors within a certain time before the bankruptcy filing.
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Preferential Transfer
A payment or transfer made by a debtor to a creditor that gives the creditor more than they would receive in bankruptcy proceedings.
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Exempt Property
Assets that a debtor is allowed to keep during bankruptcy, as defined by law.
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Credit Counseling
A requirement for individual debtors to receive guidance on financial management before filing for bankruptcy.
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Chapter 13
A bankruptcy chapter allowing individuals to create a repayment plan to pay back all or part of their debts over three to five years.
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Chapter 11
A bankruptcy chapter allowing businesses to reorganize their debts while continuing operations.
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Chapter 9
A bankruptcy chapter specifically for municipalities.
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Chapter 12
A bankruptcy chapter designed for family farmers to restructure their debts.