The glossary

Bankruptcy terms,
in plain English

The words you will meet in a bankruptcy case, each explained in brief and checked against official sources.

Browse by category

Start with the term that worries you most. Each one links to its own page once it is published, with the longer explanation and the sources behind it.

47 terms across 9 categories

The bankruptcy process

20 terms
Adversary proceeding

A lawsuit within or related to a bankruptcy case, started by filing a complaint. 1

The bankruptcy process
Assumption

Assumption is the choice to keep a contract or lease going in bankruptcy and continue to perform it, subject to court approval. 1

The bankruptcy process
Automatic stay

An order that takes effect automatically when a bankruptcy case is filed and stops most collection actions against the debtor and the debtor's property. 1

The bankruptcy process
Chapter 13

Chapter 13 is the chapter of the Bankruptcy Code that lets an individual with regular income keep property and pay debts over time under a repayment plan, usually three to five years. 2

The bankruptcy process
Chapter 7

Chapter 7 is the chapter of the Bankruptcy Code that provides for liquidation: a trustee may sell a debtor's nonexempt property and pay the proceeds to creditors. 3

The bankruptcy process
Claim

A claim is a creditor's right to payment from a debtor or the debtor's property. 1

The bankruptcy process
Conversion

Conversion is moving a bankruptcy case from one chapter to another. The case continues under the new chapter, and with limited exceptions it keeps its original filing date. 4

The bankruptcy process
Creditor

A person or business the debtor owes money to, or that claims the debtor owes it money. 1

The bankruptcy process
Debtor

A person, business or government entity concerning which a bankruptcy case has been filed. 1

The bankruptcy process
Dismissal

A court order that ends a bankruptcy case. Unless the court orders otherwise, it does not stop the same debts from being discharged in a later case. 5 6

The bankruptcy process
Estate

All the legal or equitable interests a debtor has in property at the time the bankruptcy case is filed, including property held by someone else. 1

The bankruptcy process
Insider

A person or business with a close relationship to the debtor, such as a relative, a business partner or a company the debtor controls. 7

The bankruptcy process
Insolvent

Owing more in debts than all of your property is worth at a fair valuation. 7

The bankruptcy process
Meeting of creditors

The meeting required by section 341 of the Bankruptcy Code, where the trustee and others present question the debtor under oath about their finances. 1

The bankruptcy process
Petition

The document filed with the bankruptcy court that starts a bankruptcy case. 1

The bankruptcy process
Preference

A payment to a creditor shortly before a bankruptcy filing that gives that creditor more than it would receive in a Chapter 7 case, and that the trustee may be able to undo. 8

The bankruptcy process
Proof of claim

A creditor's written statement of why the debtor owes money, usually with the amount. There is an official form for it. 1

The bankruptcy process
Rejection

The decision not to continue an executory contract or unexpired lease in a bankruptcy case. The law treats rejection as a breach of the contract or lease. 9

The bankruptcy process
Relative

In the Bankruptcy Code, a relative is a person related by blood or by marriage within the third degree, as the common law counts degrees, or a person in a step or adoptive relationship within that same degree. 7

The bankruptcy process
Trustee

A person appointed to represent the bankruptcy estate, whose duties may include selling estate property and paying creditors. 1

The bankruptcy process

Who can file

4 terms
Abuse

In Chapter 7, abuse is the legal ground on which a court may dismiss a case filed by an individual whose debts are primarily consumer debts, or convert it with the person's consent, because granting relief would misuse the chapter. 5

Who can file
Means test

The Chapter 7 income test under section 707(b)(2) that determines whether a filing is presumed to be an abuse. 1

Who can file
Median family income

The median family income calculated and reported by the Census Bureau, which bankruptcy law uses as the yardstick for a filer's income. 7

Who can file
Person

In the Bankruptcy Code, "person" includes an individual, a partnership and a corporation. It generally does not include a governmental unit. 7

Who can file

Debts and discharge

4 terms
Debt

In the Bankruptcy Code, a debt is liability on a claim: if someone has a right to payment from you, you have a debt. 7 1

Debts and discharge
Discharge

A release from personal liability for certain debts. Some debts, such as certain taxes and student loans, cannot be discharged. 1

Debts and discharge
Nondischargeable debt

A debt that bankruptcy does not wipe out, such as child support, certain taxes, most government-funded or government-guaranteed education loans, and criminal restitution. 1

Debts and discharge
Undue hardship

The standard a debtor must meet to discharge student loans. Repaying must impose an undue hardship on the debtor and the debtor's dependents, and it must be proven in an adversary proceeding. 10

Debts and discharge

Property you keep

4 terms
Abandonment

Abandonment is when the trustee gives up the bankruptcy estate's hold on a piece of property because it is a burden to the estate or worth too little to be of real benefit to it. 11

Property you keep
Exemption

Property the Bankruptcy Code or state law lets an individual debtor keep from unsecured creditors. 1

Property you keep
Homestead exemption

An exemption that lets a person in bankruptcy protect all or part of the equity in the home they live in. Whether it is available, and how much it protects, depends on state law. 1

Property you keep
Reaffirmation agreement

An agreement to keep paying a dischargeable debt, often a car loan, in exchange for keeping the collateral. 1

Property you keep

Secured debts and liens

2 terms
Lien

A claim or charge on property that secures payment of a debt. 1

Secured debts and liens
Redemption

A procedure in a Chapter 7 case in which a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. The debtor may then keep the property. 1

Secured debts and liens

Chapter 13 plans

2 terms
Confirmation

Confirmation is a bankruptcy judge's approval of a plan. In Chapter 13, it is the court's approval of the debtor's repayment plan. 1

Chapter 13 plans
Feasibility

The requirement that, for a Chapter 13 plan to be confirmed, the debtor will be able to make all payments under the plan and to comply with it. 12

Chapter 13 plans

Courts and procedure

8 terms
Answer

An answer is the formal written statement a defendant makes in response to a complaint, setting out the grounds for defense. 1

Courts and procedure
Appeal

An appeal is a request by a party that lost on one or more issues, asking a higher court to review a decision and determine whether it was correct. 1

Courts and procedure
Bankruptcy appellate panel

A bankruptcy appellate panel is a panel of three bankruptcy judges that hears appeals from bankruptcy court decisions in place of the district court. 13

Courts and procedure
Default judgment

A judgment given to the plaintiff because the defendant failed to answer or appear to contest the claim. 1

Courts and procedure
Discovery

The process by which the sides in a lawsuit learn about each other's case before trial, using tools such as depositions, interrogatories, requests for admissions and requests for documents. 1

Courts and procedure
Electronic filing

Filing case documents with the court online. The federal courts' system for it is called Case Management/Electronic Case Files, or CM/ECF. 14

Courts and procedure
Entity

A broad term in the Bankruptcy Code that includes a person, an estate, a trust, a governmental unit and the United States trustee. 7

Courts and procedure
Summary judgment

A decision made on the basis of statements and evidence presented for the record, without a trial. It is granted when, on the undisputed facts in the record, one party is entitled to judgment as a matter of law. 1

Courts and procedure

Student loans

1 term
Borrower defense to repayment

Borrower defense to repayment is a legal ground for discharging federal Direct Loans when a school's misconduct, related to the loan or to the education it provided, harmed the borrower. 15

Student loans

Filing on your own

2 terms
Bankruptcy petition preparer

A person or business not authorized to practice law that prepares bankruptcy petitions. 1

Filing on your own
Pro se

Representing yourself in court without a lawyer. 1

Filing on your own

Questions about the glossary

Is this glossary legal advice?

No. It is general, educational information. How a term applies to you depends on your case, your court and your state, so check with a bankruptcy lawyer or the court before you act.

Where do the definitions come from?

From official sources such as the U.S. Courts glossary, the Bankruptcy Code and the U.S. Trustee Program. Each term page lists its sources.

Sources

  1. Glossary
  2. Chapter 13 - Bankruptcy Basics (uscourts.gov)
  3. Chapter 7 - Bankruptcy Basics (uscourts.gov)
  4. 11 U.S. Code § 348(a) (Cornell LII)
  5. 11 U.S. Code § 707(a) (Cornell LII)
  6. 11 U.S. Code § 349(a), (b)(3) (Cornell LII)
  7. 11 U.S. Code § 101(31) (Cornell LII)
  8. 11 U.S. Code § 547(b) (Cornell LII)
  9. 11 U.S. Code § 365(a) (Cornell LII)
  10. 11 U.S. Code § 523(a)(8)
  11. 11 U.S. Code § 554 (Cornell LII)
  12. 11 U.S. Code § 1325(a)(6) (Cornell LII)
  13. 28 U.S. Code § 158(b)-(c) (Cornell LII)
  14. Electronic Filing (CM/ECF) (uscourts.gov)
  15. Borrower Defense Loan Discharge (studentaid.gov)

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