Bankruptcy Flashcards

1
Q

Provides for the general administration of debtor’s assets by a court applointee (a receiver) for benefit of all parties

A

Receivership

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2
Q

Provides a method for protecting creditors’ rights and granting the debtor relief from his/her indebtedness

A

Bankruptcy

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3
Q

The process of turning the majority of the debtor’s assets into cash to pay debts

A

Liquidation

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4
Q

Bankruptcy filing in which debtor liquidates assets, except exempt assets, to pay creditors

A

Chapter 7 (a.k.a. “liquidation” or “straight bankruptcy”)

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5
Q

Bankruptcy in which the debtor reorganizes debts to pay creditors that is primarily used by businesses

A

Chapter 11

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6
Q

Bankruptcy in which debtor reorganizes debts to pay creditors that is primarily used by individuals

A

Chapter 13

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7
Q

A bankruptcy petition that is a formal request by the debtor for an order of relief

A

voluntary bankruptcy

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8
Q

Bankruptcy filing in which a petition is filed by creditors requesting an order for relief

A

Involuntary bankruptcy

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9
Q

Property either presently owned by the debtor as of the filing date or owed to the debtor by third parties that can be recovered by trustee

A

Property of the estate

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10
Q

Property that does not go to the estate in a bankruptcy filing (i.e. are not exempt frm paying these)

A

Exempt property

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11
Q

1.legal claim on somebody’s property: the legal right to keep or sell somebody else’s property as security for a debt

A

Lien

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12
Q

A claim against specific property by a person claiming it ot be his/hers–generally turned over to claimant

A

Reclamation

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13
Q

Claims made by a beneficiary for trust property whenthe trustee is bankrupt

A

Trust claim

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14
Q

Act set forth to amend various partys of the US Bankruptcy Code including consumer and business bankruptcies

A

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

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15
Q

A group of unsecured creditors who essentially function as teh bankruptcy trustee in chapter 11 cases

A

Creditor committee

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16
Q

After debtor completes bankruptcy, debtor is relieved of all previous debt except debts that are nondischargeable; allows debtor to get a fresh start

A

Discharge

17
Q

The debtor’s assets that re used to pay the creditors

A

Estate

18
Q

A party who has a close relationship with the debtor–transactions with these people are examined by the trustee for 1 year prior to filing to see if preferential transfers

A

Insiders

19
Q

Granted, in most cases, to the debtor upon the filing of hte bankruptcy petition; allows debtors to stop paying creditors until the bankruptcy can be finalized

A

Order for relief

20
Q

When the debtor provides payment or security to a creditor, which would allow creditor to collect more than the creditor wold have collected under Chapter 7 bankruptcy; if such a transfer took place 90 days prior to filing, the trustee may set the transaction aside to assure all creditors are treated fairly

A

Preferential transfer

21
Q

When a debtor voluntarily chooses to repay a debt that otherwise would be fully discharged under the Bankruptcy Code

A

Reaffirmation

22
Q

A debtor retains assets, as opposed to liquidating the assets, and agrees to pay creditors out of future earnings under Chapters 11 or 12 of the Bankruptcy Dode

A

Reorgabnization/ rehabilitation

23
Q

A court order that prevents further collection actions by creditors; is issued upon the filing of the bankruptcy petition, but does not apply to family law issues

A

Stay

24
Q

Individual who preside sover the bankruptcy estate and organizes the estate for the court–determines what hte assets and liabilities of the estate are

A

Trustee