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a guide for the pro se creditor in a bankruptcy case - District of ...

a guide for the pro se creditor in a bankruptcy case - District of ...

55 GLOSSARY ADVERSARY

55 GLOSSARY ADVERSARY PROCEEDING AFFIDAVIT ANSWER APPELLANT APPELLEE A lawsuit arising in a bankruptcy case that is commenced by the filing of a complaint in the Bankruptcy Court. A written statement of facts, confirmed by the oath taken before an officer having authority to administer such oath (such as a notary public) or affirmation of the partying making it. See also VERIFICATION. A defendant’s response to a complaint filed in an adversary proceeding. Since the defendant may be a plaintiff, but also a defendant in counterclaim, the response is also called an Answer. The party who files and seeks an appeal of a judge’s decision. The part against whom the appeal has been taken. The appellee is the party who has no interest in objecting to the court’s judgment, decision or order. APPLICATION BAR DATE A formal request, usually in writing, to the court to grant certain relief. See also, MOTION. Traditionally the last date set to take a specific action. CONFIRMATION Approval of a plan for a debtor to pay creditors provided that the specific criteria are met.

56 CONTINGENT CLAIM DISCOVERY DISMISSAL A claim that may be owed by the debtor under certain circumstances, for example, where the debtor is a cosigner on another person’s loan and that person fails to pay. The process where parties exchange and obtain information about their respective positions. See Fed.R. Bankr. P. 7026, et seq. An order or judgment terminating a motion, adversary proceeding or bankruptcy case. DISMISSAL WITH PREJUDICE An order or judgment terminating a motion, adversary proceeding or bankruptcy case that prohibits the party from bringing the same case, claim or cause of action again, or for a specific period of time (see e.g. § 109(g)). EXECUTORY CONTRACT OR LEASE Contracts or leases under which both parties to the agreement have duties remaining to be performed or have not been fully completed. If a contract or lease is executory, a debtor may continue to fulfill the terms of the contract or lease (“assume” it) or choose to cancel the contract or lease (“reject” it). Examples of an executory contract are: a lease for a residence, car or equipment; an employment agreement; a home improvement contract; a service contract; or a contract for delivery of goods in the future. FRAUDULENT CONVEYANCE INSIDER A transfer of debtor’s property made with intent to defraud or for which the debtor receives less than the transferred property’s value. A relative, friend, co‐worker or other person of close relation of an individual debtor or a person with a close relationship to the debtor. JURISDICTION The legal authority the Court has to hear and decide a case.

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