Bankruptcy Flashcards

1
Q

Secured Transactions

A

A transaction whereby a Creditor acquires and
maintains an interest in collateral belonging to
Debtor.

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2
Q

Types of Collateral:

A
  1. Tangible (Goods)
  2. Quasi Tangible (notes, instruments and the like)
  3. Intangible
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3
Q

Liquidation

A

The Debtor’s nonexempt property is sold for
cash, the cash is distributed to the creditors
and any unpaid debts are discharged.

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4
Q

Automatically Stay

A

The moment the petition is filed, there exists an
automatic stay or suspension of almost all
litigation and other actions by unsecured
creditors.

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5
Q

Chapter 13 Bankruptcy

A

repay a portion of their debts (high income)

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6
Q

Chapter 7 Bankruptcy

A

wipe out their debts altogether.

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7
Q

Pay Advice

A

any document that provides written evidence of your income

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8
Q

The Right to Seize Secured Collateral

A

In the event of default, the secured party is entitled to take the collateral from the debtor.

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9
Q

When is repossession granted?

A

If taking the collateral cannot be done without causing a breach of the peace, the secured party must use court action.

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10
Q

Nondischargeable Debt

A

type of debt that cannot be eliminated through bankruptcy proceeding. (student loans, most federal, state and local taxes, money borrowed on a credit card to pay those taxes, and child support and alimony)

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11
Q

Discharge

A

After nonexempt property is liquidated and
distributed, the remaining unpaid claims are
discharged and the Debtor gets a fresh start.

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