Bankruptcy

  • 41 Bankruptcy Code — the name given to the statutory body of bankruptcy laws after the Bankruptcy Reform Act of 1978 (Glossary of Common Bankruptcy Terms) The common name given to title 11 of the United States Code. The Bankruptcy Code is a set of federal statutes… …

    Glossary of Bankruptcy

  • 42 bankruptcy court — the federal tribunal where cases under the Bankruptcy Code are litigated (Glossary of Common Bankruptcy Terms) A federal court where cases under the Bankruptcy Code are litigated. The Bankruptcy Court is a unit of the United States District Court …

    Glossary of Bankruptcy

  • 43 bankruptcy petition — the document filed with the court to initiate a bankruptcy proceeding (Glossary of Common Bankruptcy Terms) A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)… …

    Glossary of Bankruptcy

  • 44 bankruptcy rules — Also known as the Federal Rules of Bankruptcy Procedure. These rules govern the procedures in bankruptcy and adversary cases. In addition to these rules, each court normally is governed by its own local rules that supplement the Bankruptcy Rules …

    Glossary of Bankruptcy

  • 45 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 (Glossary of Common Bankruptcy… …

    Glossary of Bankruptcy

  • 46 bankruptcy sale — A free and clear sale of debtor s real estate or personal property conducted by the bankruptcy court through the trustee in order to obtain proceeds for distribution to creditors of the bankruptcy estate. (Bernstein s Dictionary of Bankruptcy… …

    Glossary of Bankruptcy

  • 47 Bankruptcy Reform Act of 1994 — the most comprehensive piece of bankruptcy legislation since the Bankruptcy Reform Act of 1978; signed into law on October 22, 1994 with most provisions effective immediately; included in the 1994 Act are: provisions to expedite bankruptcy… …

    Glossary of Bankruptcy

  • 48 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… …

    Glossary of Bankruptcy

  • 49 Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 — 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… …

    Glossary of Bankruptcy

  • 50 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… …

    Glossary of Bankruptcy

  • 51 bankruptcy trustee — A private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases to represent the interests of the bankruptcy estate and the debtor s creditors (SA Bankruptcy.com) A private individual or corporation appointed in… …

    Glossary of Bankruptcy

  • 52 bankruptcy clerk — This office receives and is responsible for the management and safe keeping of the documents filed under a bankruptcy case or adversary proceeding. The clerk is responsible for keeping a docket for each case, a claims register, correct copies of… …

    Glossary of Bankruptcy

  • 53 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… …

    Glossary of Bankruptcy

  • 54 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… …

    Glossary of Bankruptcy

  • 55 bankruptcy order — (=receiving order) (Dictionary of Canadian Bankruptcy Terms) An Order handed down by the Court following the successful petition to have a person or company placed into bankruptcy. In an amendment dated December 15, 2004 this term was changed to… …

    Glossary of Bankruptcy

  • 56 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 …

    Glossary of Bankruptcy

  • 57 Bankruptcy Act of 1933 — a statutory expansion of reorganization for companies Section 77. The Bankruptcy Act of 1933 and the Bankruptcy Act of 1934 were superseded by the Chandler Act of 1938 (Glossary of Common Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 …

    Glossary of Bankruptcy

  • 58 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. (Common Bankruptcy Terms) United Glossary of Bankruptcy Terms …

    Glossary of Bankruptcy

  • 59 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… …

    Glossary of Bankruptcy

  • 60 bankruptcy judge — a judicial officer of the United States district court with decision making power over federal bankruptcy cases (Glossary of Common Bankruptcy Terms) A judicial officer of the United States district court who is the court official with decision… …

    Glossary of Bankruptcy