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attorney-client relationship will be established by visiting this site or viewing these pages. The intent of this site is simply to provide generally useful information. The discussions are based on Texas law, which may vary greatly from the law of your state. If you have any specific legal questions or problems, please consult an attorney of your choice, or you may contact the Law Office of Dana Ehrlich from this web site. |
Legal Definitions
|
Arrearages
(home mortgage)
- unpaid
or past due house payments; previous payments, not being the most
recent, that are still due/unpaid. Asset(s) - any property, tangible or intangible, whether of value or not; Asset case - case in which non-exempt assets may be used to pay debts; Bankruptcy - a legal remedy entered into voluntarily by debtors who are financially insolvent, or incapable of paying their debts; Burdensome
asset(s) - an asset which has burdensome or inconsequential value to
the bankruptcy estate Charge-off
- the
removal of a debt from the accounting records of a creditor Code - Federal law governing bankruptcies; Collateral
- property
used to “secure” payment of a loan. Credit
Report
- a report maintained by
third parties that contains a financial history Credit
Score -
a score
used by creditors to determine whether to grant credit Deficiency
Debts (foreclosure or repossession)
- the amount left owing on the debt after the
collateral has been foreclosed on, or repossessed, and liquidated. These are generally unsecured debts, and therefore,
dischargeable. Discharge
- a
legal release of a debtor’s obligation to pay back a debt;
Dischargeable
debts
- all debts except certain non-dischargeable debts, those being recent federal income taxes,
property taxes, student loans, unlisted debts, fraud debts, child
support, alimony, property settlements, fines, criminal penalties,
probation fees, personal injuries arising from driving under the
influence, and recent credit card charges for luxury goods and services.
Most dischargeable debts are unsecured, for example, credit
card and medical debts. Dismissed
- an
order of judgment throwing a suit, action, motion, etc. out of the
court. Estate - the financial affairs, including, but not limited to,
property, assets, and liabilities of the bankrupt. Fair
Credit Reporting Act
- a
federal law that grants rights to individuals regarding their credit
reports and credit reporting procedures Fair
Market Value
- the
valuation of an item.
Foreclosure
- a
legal action by the lender, of either accelerating repayment - usually
in full - or repossessing the collateral, due to a deficiency in
payments. Garnishment
- an
action by a creditor to legally impound or seize funds from a debtor’s
source of income for the repayment of debts. Joint
Case - a
case in which both spouses have filed for bankruptcy. Liabilities
-
debtors’ obligations, debts, of direct responsibilities on a
creditor’s claim, potential or otherwise. Lien
(property)
- a
claim or charge on property for payment of some debt, duty or
obligation. Liquidate
- the
selling of property of the debtor(s) for the payment of
debts. Mortgage
- a
legal contract that secures payment of a debt, usually used on home and
business loans; Net
Disposable Income
- the
income that remains after deduction for expenses that are reasonably
necessary for living and for operation of debtor’s business. No asset case - case in which debtor(s) do not possess any assets which may be used to pay debts; Non-Exempt
Property
-
debtors’ property that may be liquidated or sold for the payment of
debts. Priority Claim (debts) - creditor’s claim that is legally considered to have priority over other claims. Example: Taxes and child support. Purchase
Money Loan
-a loan
made by a creditor to finance the purchase of goods
Reaffirmation
Agreement
- an
agreement between the bankrupt debtor and a secured creditor stating
that the debtor will continue to keep the collateral and make regular
payments on the collateral. Reaffirmation
agreements have the same legal effect of renewing a contract. Redemption
Agreement
- an
agreement between the bankrupt debtor and a secured creditor allowing
the debtor to finish paying off the debt in one lump sum, usually for
the current fair market value. Repossession
- an
action taken by a secured creditor to legally take seize the collateral
to be liquidated to pay the debt Schedules
- The
statements and worksheets attached to a voluntary petition for relief
through bankruptcy that outlines a debtor’s financial affairs,
including assets, debts, exemptions, occupation, monthly income and
expenditures, and other matters. Security
Agreement
-
A contract to secure payment of a debt, for example, a car loan.
Oftentimes, there are other stipulations included in security
agreements, such as agreeing to maintain full coverage insurance on an
automobile until the note is paid in full. Secured
Claims (debts)
- A
claims in which the creditor has an interest in the property of the
debtor, or the bankruptcy estate, to secure payment of the debt. Trustee
- a
court appointed official who oversees the bankruptcy estate and is
charged with liquidating any property that is non-exempt, or declaring
the estate to be a no asset case. Unsecured
Claims (debts)
-
Creditors that have no collateral securing their debt Voluntary
Surrender
- an
action voluntarily taken by a debtor to surrender the collateral to a
secured debtor, if they do not wish to pay the debt. |