automatic stay
court procedure that prevents creditors from seeking independent repayment of debts incurred before the petition was filed
bankruptcy
court process by which a debtor, which can be an individual or a business entity, seeks protection from its creditors
bankruptcy estate
debtor's property rights and interests once a bankruptcy petition is filed
bankruptcy trustee
person appointed to make payments to creditors and oversee the ownership of the debtor's property for the benefit of the creditors
Chapter 11
restructuring bankruptcy chapter for business entities; involves an agreed-upon repayment plan by the debtor and creditors
Chapter 13
restructuring bankruptcy chapter for individuals; involves an agreed-upon repayment plan by the debtor and creditors
Chapter 7
most common form of bankruptcy; used for individuals and businesses
collateral
property used to secure a loan with the understanding its owner will forfeit it in the event of default of the loan
discharge
release of a debtor from the amount owed to a creditor to avoid personal liability
dischargeable debt
certain debt that is considered an option for complete release from creditors
Dodd-Frank Act
2010 federal law put into effect after the 2008 financial crisis; it puts restrictions on financial institutions to protect consumers
exempt asset
property or asset that the debtor can keep during and after bankruptcy proceedings, as approved by the court
foreclosure
legal process a creditor uses to secure outstanding debt by forcing the sale of an asset—typically, real estate
garnishment
order issued and mandated by a court, directing a third party to seize money or property for payment of debts; typically used with wages
lien
security interest granted for an asset or property on behalf of a creditor by a debtor
liquidation
process of converting assets into cash to pay off creditors
nondischargeable debt
debt that cannot be settled through bankruptcy, such as federal loans, taxes, child support, and other federal or state debts
petition
official form to file to seek relief from creditors under federal law; includes voluntary and involuntary bankruptcy
priority
order in which claims are paid in a bankruptcy proceeding, with higher-priority claims paid first
proof of claim
document filed with a court by a creditor to confirm and verify the amount owed
repossession
act of a creditor seizing an asset of a debtor, which was used as collateral to secure a loan, when the loan has defaulted
secured debt
debt that has collateral to be used in the event of default or used to secure the creditor's interest
unsecured debt
loan or debt without collateral, such as credit card debt