 341 meeting (see first meeting of creditors)
363 sale the sale of corporate assets under Section 363 of the
Bankruptcy Code. Under Section 363(f), a bankruptcy trustee or
debtor-in-possession may sell the bankruptcy estate's assets "free
and clear of any interest in such property."
absolute priority the order of payment to the different classes
of creditors mandated by the Bankruptcy Code. Claimants with higher
priority are paid in full before other claims receive anything. Junior
creditors and shareholders are paid after senior creditors. Specifically,
the usual order is: first, administrative claims; second, statutory
priority claims such as tax claims, rent claims, consumer deposits, and
unpaid wages and benefits from before the filing; third, secured
creditors' claims; fourth, unsecured creditors' claims and fifth, equity
claims.
adequate protection 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.
administrative claim (or administrative expense claim)
debt incurred by the debtor, with court approval, after the bankruptcy
filing including: necessary costs of preserving the estate, wages,
salaries, court costs, lawyers' fees, accountants' fees, trustees'
expenses, etc.
adversary proceeding a lawsuit arising in or related to a
bankruptcy case that is commenced by filing a complaint with the
bankruptcy court. Generally, the actual lawsuit is not considered part of the bankruptcy proceedings so usually charged seperately.
allowed claim (or allowed interest) a claim of a
creditor (or an equity interest) that is approved by the court under the
plan of reorganization.
arrangement may refer to a variety of formal or informal
agreements concerning the conditions under which a bankrupt company may
operate; often, it refers to an extension of time in which debt can be
paid off. This was the term used under the old Chapter XI.
assume an agreement to continue performing duties under a
contract or lease.
automatic stay the suspension of actions, such as debt
collection or foreclosure, against the company in bankruptcy. This occurs
automatically when a bankruptcy petition is filed. This action protects
the debtor from creditors seeking to seize its assets. It protects some
creditors in that it prevents one creditor from obtaining an excessive
share of the assets of the bankrupt company to the exclusion of the other
creditors.
avoidance power the power of the court to invalidate certain
obligations or transactions undertaken by a debtor prior to filing
bankruptcy. It is generally intended to reverse transfers of property that
favor one creditor over another.
ballot date the date and time when all votes for accepting or
rejecting the plan of reorganization must be received.
bankrupt the entity that files a bankruptcy; the debtor; the
insolvent entity. This is a non-technical term and is not used in the
Bankruptcy Code.
bankruptcy (see also failure and insolvency) a
legal procedure for dealing with debt problems of individuals and
business. A non-technical term for a legal state of insolvency.
Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of
2005 This legislation primarily affects consumer filings, making
it more difficult for a person or estate to file for Chapter 7 bankruptcy.
The BAPCPA impacts business filers as well--with the heaviest impact on
smaller (those listing less than $2 million in debt) businesses. On
October 17, 2005 the BAPCPA became effective.
Bankruptcy Act of 1898 the basis of the federal bankruptcy
statutes used until the Bankruptcy Reform Act of 1978. It provided
primarily for liquidation of companies; reorganization could be affected
indirectly under the 1898 Act through equity receiverships (these were
used to keep creditors from seizing the assets of distressed companies).
Bankruptcy Act of 1933 a statutory expansion of reorganization
for companies (see Section 77). The Bankruptcy Act of 1933 and the
Bankruptcy Act of 1934 were superseded by the Chandler Act of 1938.
Bankruptcy Act of 1934 a further statutory expansion of
reorganization for companies; (see Section 77B); the Bankruptcy Act
of 1933 and the Bankruptcy Act of 1934 were superseded by the Chandler Act
of 1938.
bankruptcy administrator an officer of the judiciary serving
the judicial districts of Alabama and North Carolina who, like a United
States trustee, is responsible for supervising the administration of
bankruptcy cases, estates and trustees; monitoring plans and disclosure
statements, creditor committees and fee applications and performing other
statutory duties.
Bankruptcy Amendments of 1984 a set of amendments to the
Bankruptcy Reform Act of 1978. The Amendments contain a number of
provisions including: limiting the jurisdiction of the bankruptcy court,
limiting the right of companies to invalidate labor contracts while in
bankruptcy and providing for the prevention of "substantial
abuse."
Bankruptcy Code the name given to the statutory body of
bankruptcy laws after the Bankruptcy Reform Act of 1978.
Bankruptcy Court the federal tribunal where cases under the
Bankruptcy Code are litigated.
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 with decision-making power over federal bankruptcy cases.
bankruptcy mill a business not authorized to practice law that
provides bankruptcy counseling and prepares bankruptcy petitions. Generally advertised as a document services - prices do not include counseling or legal advice or representation. Prices for documentation preperation usually are higher than what an attorney might charge.
bankruptcy petition the document filed with the court to
initiate a bankruptcy proceeding.
Bankruptcy Reform Act of 1994 the most comprehensive piece of
bankruptcy legislation since the Bankruptcy Reform Act of 1978. It
was signed into law on October 22, 1994 with most provisions effective
immediately. Included in the 1994 Act are the following provisions to
expedite bankruptcy proceedings, provisions to standardize fees,
provisions to encourage individual debtors to use Chapter 13 to reschedule
their debts rather than use Chapter 7 to liquidate, provisions to aid
creditors in recovering claims against bankrupt estates, and creation of a
National Bankruptcy Commission to investigate further changes in
bankruptcy law; etc.
Bankruptcy Reform Act of 1978 the first substantive bankruptcy
code revision since the Chandler Act of 1938. It took effect on
October 1, 1979 and some of the major elements of this act were as
follows: upgrading the jurisdiction of the U.S. bankruptcy courts to deal
with cases handled by other courts (subsequently modified); allowing the
filing of a single joint petition of bankruptcy by husband and wife;
reorganizing the Chapters of bankruptcy; in particular, concerning
business reorganization, Chapters X, XI and XII of the old code are
replaced by Chapter 11; expanding the number of people eligible and the
type of relief available to people in a new Chapter 13, wage-earner
reorganization bankruptcy; altering the appellate procedure allowing
direct appeal to the U.S. courts of appeal (subsequently modified); and
generally, making federal exemption provisions and options for debtors
more extensive.
Bankruptcy Rule 2004 a provision of the Bankruptcy Code that
allows one party in a bankruptcy proceeding to compel discovery or other
examination against another party.
Bankruptcy Tax Act of 1980 the Bankruptcy Reform Act of 1978
did not specify how certain tax matters concerning bankruptcies should be
handled. The Bankruptcy Tax Act of 1980 was passed to specify the tax
treatment of bankruptcy tax issues. It specifies the tax treatment of,
among other things, tax loss carry-forwards and exchanges of equity for
debt.
bar date the last date that creditors may file a claim against
the debtor.
business bankruptcy a bankruptcy case in which the debtor is a
business or an individual with business related debt. Data from the U.S.
Administrative Office of the Courts subdivides bankruptcies into business
and non-business.
business failure (see failure)
cash collateral cash and cash equivalents held by the debtor in
Chapter 11 subject to liens of other parties.
Chandler Act of 1938 legislation providing substantial
modifications to the Bankruptcy Act of 1898.
Chapter the Bankruptcy Code is organized into Chapters. Except
for Chapter 12, the Chapters of the present code are all odd-numbered and
are enumerated with Arabic numerals. (Before the Bankruptcy Reform Act of
1978, the Chapters were numbered with Roman numerals.) Chapters 1, 3, and
5 cover matters of general application. Chapters 7, 9, 11, 12, 13 and 15
concern, respectively: liquidation (business or non-business),
municipality bankruptcy; business reorganization, family farm debt
adjustment, wage-earner or personal (i.e. non-business) reorganization and
multi-national bankruptcies.
Chapter 7 liquidation proceedings; generally assets are sold by
a trustee and the company ceases operation. Individuals may file Chapter 7
also.
Chapter 7 Trustee a person appointed in a Chapter 7 case to
represent the interests of the bankruptcy estate and the unsecured
creditors.
Chapter 9 bankruptcies of municipalities; only a few of these
are filed each year.
Chapters X, XI and XII before Chapter 11 of the Bankruptcy
Reform Act of 1978, these three chapters of bankruptcy existed for company
bankruptcies that involved reorganization. Chapter X involved
reorganization for larger companies that held public debt or equity.
Chapter XI was for readjustment of debts of smaller, non-publicly held
companies, and Chapter XII was for companies with extensive holdings of
real property.
Chapter 11 reorganization proceedings, generally for business
entities. The debtor maintains control of the business in Chapter 11,
unless the Court appoints a trustee.
Chapter 12 family farmer bankruptcies. This was created by
Congress in 1986 (Chapter 12 became effective on November 26, 1986). Only
a family-owned farm business can qualify for Chapter 12 and it must have
debt less than $1.5 million and have 50% of its income from farming
operations.
Chapter 13 bankruptcy proceedings for an individual with the
intention of rescheduling the individual's debt (rather than liquidating
the individual's assets and debt; an individual files under Chapter 7 to
liquidate), Chapter 13 is referred to as wage earner bankruptcy, personal
bankruptcy or consumer bankruptcy, Chapter 13 cannot be used by a
partnership or a corporation; it can be used by a sole proprietorship.
Chapter 13 allows a debtor to keep property and pay debts over time,
usually three to five years.
Chapter 15 the chapter of the Bankruptcy Code dealing with
cases of cross-border insolvency. It was formerly known as Section 304.
"Chapter 20" an unofficial term describing the filing
of a Chapter 7 proceeding followed by a Chapter 13. The Chapter 7 filing
eliminates unsecured debts while the Chapter 13 filing handles continuing
liens.
"Chapter 22" an unofficial term describing a company
that has filed for Chapter 11 twice.
"Chapter 33" an unofficial term describing a company
that has filed for Chapter 11 three times.
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. (See priority
of claims.)
class each of the different categories of claims against a
debtor.
complaint the initiatory document in a lawsuit that notifies
the court and the defendant of the grounds claimed by the Plaintiff for an
award of money or other relief against the defendant.
confirmation the final approval by the bankruptcy court of a
debtor's plan of reorganization. Confirmation takes place after the plan
has been approved by creditors.
contested matter a dispute among the parties to a bankruptcy
proceeding, instituted by the filing of a motion of the court.
contingent claim a claim that may be owed by the debtor under
certain circumstances. For example, where the debtor is a cosigner on
another persons loan and that person fails to pay.
convenience claims (see small claims)
conversion changing chapters in bankruptcy (e.g., converting
from Chapter 11 to Chapter 7 or vice-versa).
core proceedings those proceedings that are inherent in and
fundamental to the administration of a bankruptcy case. Core proceedings
are subject to the jurisdiction of the bankruptcy court. Non-core
proceedings may be conducted outside the jurisdiction of the bankruptcy
court.
cramdown confirmation of a plan of reorganization over the
objections of one or more classes of creditors.
creditor a person to whom or business to which the debtor owes
money or that claims to be owed money by the debtor.
creditors' committee a committee of representatives of a
debtor's creditors appointed by the U.S. Trustee. The committee acts on
behalf of all creditors on negotiating a plan of reorganization and other
major actions. In large, complex cases, there may be more than one such
committee.
debtor the entity seeking protection from creditors under the
bankruptcy laws.
debtor in possession the debtor which remains in control of
operations, as opposed to having a trustee operate the company.
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.
discharge (of indebtedness) the satisfaction or elimination of
the debts of the debtor by the bankruptcy court.
dischargeable debt a debt for which the bankruptcy code allows
the debtors personal liability to be eliminated.
disclosure statement a comprehensive disclosure document sent
to creditors when they are asked to vote on a plan of reorganization in
Chapter 11.
discovery procedures used to obtain disclosure of evidence
before trial.
dismissal the termination of a bankruptcy proceeding. The
bankruptcy court can dismiss a case if it deems that the debtor or three
creditors should not have filed or that a plan can never be formulated.
distressed used to describe securities, companies and related
items in or near bankruptcy or insolvency. The term does not have a
strict, technical or legal definition. For example, a distressed security
might be a security where the issuer has defaulted or a security that is
selling at a substantially discounted price where a default is expected in
the future.
docket the schedule on which the clerk of the court records all
motions, pleadings, memoranda, orders and all other court filings.
effective date the date on which a plan of reorganization is
implemented. It usually occurs after all the conditions to a plan of
reorganization have been satisfied.
ECF or Electronic Case Filing ECF is a comprehensive
case management system that allows courts to maintain electronic case
files and offer electronic filing over the Internet. Courts make all case
information immediately available electronically through the Internet.
equitable subordination the lowering of priority of a claim
because the holder of the claim is found to be guilty of some kind of
improper conduct.
equity the value of the debtors interest in property that
remains after the liens and other creditors interests are considered.
examiner a professional appointed by the bankruptcy court to
investigate and oversee certain aspects of the debtor or the proceedings.
(By way of comparison, the role of the trustee is to operate the business
of the debtor whereas the role of the examiner is to investigate and
report to the court.)
exchange offer an offer by an issuer of debt securities to
exchange new securities with less onerous provisions for currently
outstanding securities. Companies often make exchange offers in an attempt
to avoid bankruptcy.
exclusivity (period of) 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.
executory contract a contract in which some or all of the
obligations of each party have not yet been completed. The
debtor-in-possession (or trustee) is allowed to reject unilaterally
certain executory contracts.
exemptions this refers to assets or properties owned by the
debtor that cannot be recovered by creditors.
failure (see also bankruptcy and insolvency) an
economic assessment of the viability of a business, it means that a firm
is either not earning what is expected (i.e. it has a below normal rate of
return) or is not meeting its obligations. It is not synonymous with
bankruptcy because bankruptcy is more of a formal and legal definition. A
failing company is not necessarily a bankrupt company and vice-versa.
fee examiner appointed by the court to monitor fees paid to
professionals in bankruptcy cases.
filing fees as of January 1, 2007, for Chapter 7 the fee is
$299, for Chapter 11 it is $1,039, for Chapter 12 it is $239 and for
Chapter 13 it is $274.
first meeting of creditors (341 meeting) a mandatory meeting
between creditors and the debtor. It is usually held within a month of the
filing of bankruptcy but often occurs later when the debtor has filed its
schedules of financial information.
fraudulent conveyance the transfer of valuable assets from a
company which i) occurs when the company is technically insolvent, ii)
renders the company insolvent, or iii) is made for less than adequate
consideration. The spate of leveraged buyouts and other highly leveraged
transactions in the 1980s has spurred a number of fraudulent conveyance
allegations in recent years.
fresh start informal term for the new accounting rules
applicable to bankrupt companies. For companies that either filed for
Chapter 11 after January 1991 or emerged from Chapter 11 after June 1991,
assets are valued at market value rather than at historical cost.
gap period the period between the filing of an involuntary
petition and the dismissal of the petition, the entry of an order for
relief or the filing of a voluntary petition (whatever the outcome).
going concern value what a company is worth if sold as a
continuing business, as opposed to its liquidation value.
impairment when a plan of reorganization alters the contractual
rights of a class of holders of claims, that class is deemed to be
impaired. A class that is unimpaired is deemed to automatically accept a
plan of reorganization.
insolvency (see also bankruptcy and failure)
another term used to describe a firm that is failing; generally it means
that a firm's liabilities exceed its assets or that it is unable to
satisfy its obligations as they come due.
insider (of corporate debtor) a director, officer or person in
control of the debtor or a partnership in which the debtor is a general
partner; a general partner of the debtor or a relative of a general
partner, director, officer or person in control of the debtor.
interests the equity interests of stockholders are often
referred to in bankruptcy documents merely as "interests."
interim order a temporary order of the court pending a hearing,
trial, a final order or while awaiting an act by one of the parties.
involuntary bankruptcy a bankruptcy initiated by at least three
creditors holding unsecured claims aggregating at least $5,000 against the
debtor. Data from the U.S. Administrative Office of the Courts subdivides
bankruptcies into voluntary and involuntary.
joinder joinder in civil law falls under two categories:
joinder of claims, and joinder of parties. Joinder of claims is addressed
in U.S. law by the Federal Rules of Civil Procedure No. 18(a). That Rule
allows claimants to consolidate all claims that they have against an
individual who is already a party to the case. Claimants may bring new
claims even if these new claims are not related to the claims already
stated. Note that joinder of claims is never compulsory (i.e., joinder is
always permissive), and that joinder of claims requires that the court's
subject matter jurisdiction requirements regarding the new claims be met
for each new claim.
joint administration the combining of two or more bankruptcy
proceedings for administrative convenience. Frequently, the cases of
affiliated entities are jointly administered. Joint administration does
not necessarily result in substantive consolidation. (See substantive
consolidation.)
lien a charge upon a specific property designed to secure
payment of a debt or performance of an obligation.
liquidated claim a creditors claim for a fixed amount of
money,
liquidating reorganization an informal term for a Chapter 11
proceeding when the company is essentially liquidated through one or more
asset sales.
liquidation the dissolution of a company, or individual;
usually operations cease and assets are sold by auction; Chapter 7 is
usually employed for liquidations, businesses or individuals.
liquidation value the aggregate value of a business if its
assets are sold piecemeal.
matrix a mailing list of creditors of the debtor. Done as part
of the forms filled out for a Chapter 11 case.
motion to lift automatic stay a request by a creditor to allow
the creditor to take an action against a debtor or the debtors property
that would otherwise be prohibited by the automatic stay.
NOL (net operating loss) (see tax loss carry-forward)
non-business bankruptcy a bankruptcy categorized by the U.S.
courts as a non-business bankruptcy. The debtor in a non-business
bankruptcy is usually either an individual or a family farm. Data from the
U.S. Administrative Office of the Courts subdivides bankruptcies into
business and non-business.
nondischargeable debt a debt that cannot be eliminated in
bankruptcy.
nunc pro tunc latin for "now for then" this refers to
changing back to an earlier date of an order, judgment or filing of a
document. Such a retroactive re-dating requires a court order which can be
obtained by a showing that the earlier date would have been legal, and
there was error, accidental omission or neglect which had caused a problem
or inconvenience which can be cured.
omnibus hearing an omnibus hearing is a Court hearing at
which the Court may hear a variety of different matters relating to one
particular case.
PACER (Public Access to Court Electronic Records) a service
provided by the court system that gives case filing information.
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.
period of exclusivity (see exclusivity)
personal bankruptcy filed by an individual and also called a
household bankruptcy, consumer bankruptcy or wage-earner bankruptcy. (see Chapter
13 and also Chapter 12).
petition (or bankruptcy petition or petition for
relief) - the document that comm-ences a bankruptcy proceeding.
petition preparer a business not authorized to practice law
that prepares bankruptcy petitions.
plan of reorganization the document setting forth how a
bankrupt company plans to satisfy its creditors. The plan of
reorganization is the cornerstone of a successful Chapter 11 bankruptcy.
plaintiff a person or business that files a formal complaint
with the court.
post-petition occurs after the filing of a petition.
preference a payment by a debtor made during a specified period
(90 days or one year) prior to the filing that favors one creditor over
others. Preference payments can usually be recovered and returned to the
debtor's estate.
prepackaged bankruptcy a situation where a company and its
creditors agree to a plan of reorganization before the company files a
bankruptcy petition. In a true prepackaged bankruptcy, a plan of
reorganization is circulated and approved by creditors before the petition
is filed. The court then confirms the plan and the company emerges from
bankruptcy quickly.
pre-petition occurring before the filing of a bankruptcy
petition.
priority claims administrative expenses and salaries, wages,
employee benefits, customer deposits and taxes which occurred
pre-petition.
pro rata proportionately.
proof of claim form filed by a creditor setting out its claims
against a bankruptcy debtor.
receiver particularly in foreign proceedings, or state court
proceedings, a person appointed by the court to take custody of a debtor's
property.
reorganization 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.
restructuring a general term applied to an out-of-court attempt
to reorganize and satisfy debts. Also, see workout.
Retired Benefits Bankruptcy Protection Act passed June 16,
1988. This allows the debtor to continue to pay insurance premiums for
employees during the course of a bankruptcy.
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).
Rule 2004 (see Bankruptcy Rule 2004)
schedules list submitted by the debtor along with the petition
(or shortly thereafter) showing the debtors assets, liabilities, and
other financial information.
Section 77 (of 1933 Act) provided for reorganization of
railroads. (During the 1930's a large number of railroads experienced
extreme financial difficulty.) (See also Section 77B).
Section 77B followed Section 77 and provided for reorganization
of companies other than railroads.
Section 304 the former section of the U.S. Bankruptcy code that
handled multi-national bankruptcies only a few of which were filed each
year. This section no longer exists; it has been replaced by Chapter 15.
secured creditors one of two general types of creditors of a
company. Secured creditors have a lien on property of the company.
secured debt debt backed by a mortgage, pledge of collateral or
other lien. It is debt for which the creditor has the right to pursue
specific pledged property upon default.
set-off the ability to discharge or reduce a debt by applying a
counter claim between the same parties. For example, a bank which has lent
money to a debtor may attempt to satisfy some or all of the loan by
seizing the debtor's deposits at the bank.
skeleton filing term used in bankruptcy courts to describe a
bankruptcy filing in which not all the necessary forms have been filed.
Certain courts allow a case to commence if only certain important forms
are filed so long as the balance of required forms are forthcoming within
a certain period of time.
small claims (also sometimes called convenience claims)
under a plan of reorganization or liquidation, claims that are small (e.g.
in the hundreds or thousands of dollars range) and numerous are often
grouped into a single class and settled for cash for administrative
convenience.
stalking horse this is the name given to the party submitting
the first bid to purchase assets. The stalking horse bid can be used to
solicit interest from other bidders and also acts as an indicator for what
will be realized on the auction floor.
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.
substantial abuse a term that refers to the abuse of the
privilege to file a petition. It usually describes fraud in cases of
personal bankruptcy.
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. Substantive
consolidation is often considered in the case of parent/subsidiary debtors
and other affiliated entities.
super-priority claim an administrative claim that will be paid
ahead of other administrative and priority claims.
tax loss carry-forward losses, for tax purposes, that can be
carried forward and applied to reduce taxable income in future years. The
Tax Reform Act of 1986 imposed stringent restrictions on the use of tax
loss carry-forwards.
tranches a piece, portion or slice of a deal or structured
financing. This portion is one of several related securities that are
offered at the same time but have different risks, rewards and/or
maturities. "Tranche" is the French word for "slice."
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 their control. This type of
trustee should be distinguished from the U.S. Trustee, who plays an
administrative role in all bankruptcy cases.
United States Trustee an agent of the U.S. Department of
Justice appointed to assist in bankruptcy cases. The U.S. Trustee
administers many of the duties of the court including appointing
committees, appointing trustees and examiners, scrutinizing bankruptcy
documents, etc. The United States Trustee Program began in 1979.
Presently, it covers all federal judicial districts except for North
Carolina and Alabama, which were originally scheduled to be included in
October of 2002, but whose inclusion Congress has extended indefinitely.
unsecured claim a claim or debt for which a creditor holds no
special assurance of payment; a debt for which credit was extended based
solely upon the creditors assessment of the debtors future ability
to pay.
unsecured creditor a creditor who extended credit to a debtor
without collateral security. If the debtor files for bankruptcy or is
levied upon, the unsecured creditors are paid on a pro-rata basis only
after the claims of all secured creditors are satisfied.
unliquidated claim a claim for which a specific value has not
been determined
VCIS (Voice Case Information System) a touchtone telephone
service provided by the court system that gives case filing information.
voluntary bankruptcy bankruptcy filed by the debtor itself;
data from the U.S. Administrative Office of the Courts subdivides
bankruptcies into voluntary and involuntary.
vulture funds (also referred to as vulture capitalists or
vulture investors) - investment groups that actively participate in the
restructuring of financially distressed and bankrupt companies usually by
the buying or selling of large pieces of the distressed company's debt
and/or equity.
wage-earner bankruptcy (see Chapter 13 and personal
bankruptcy)
workout an arrangement, outside of bankruptcy, by a debtor and
its creditors for payment or re-scheduling of payments of the debtor's
obligations. Usually applies to an informal agreement between a business
and its creditors, although it can be a formal agreement and it can also
apply to consumer debtors.
Also See these other sources: Common Bankruptcy Phrases Glossary of Common Phrases
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