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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 ...

57 LIEN LIQUIDATE A

57 LIEN LIQUIDATE A charge upon specific property designed to secure payment from a debtor or performance of an obligation. To convert assets into cash. LIQUIDATED CLAIM MOTION A creditor’s claim for a fixed amount of money. An application for relief or request for an order of the Court presented to the Court. Certain motions have a response deadline by which another party shall respond or object to the relief requested in the motion. MOTION FOR RELIEF FROM STAY A request by a creditor for an order terminating and/or limiting the automatic stay to enable the creditor to take an action that would otherwise be prohibited by the automatic stay. NONDISCHARGEABLE DEBT A debt that will not be subject to the discharge. See 11 U.S.C. §§ 523(a), 1328(a). OBJECTION TO DISCHARGE An objection, filed by a party in interest, to the debtor being released from personal liability for any or all debts. This is brought by an ADVERSARY PROCEEDING. OBJECTION TO EXEMPTION ORDER A trustee’s or creditor’s objection to a debtor’s attempt to claim certain property as exempt. An order is a judicial decree resolving an issue or question raised before the Court that grants relief, denies relief, or directs a party to perform an action or to refrain from taking action.

58 ORDER FOR RELIEF An injunction that stops all proceedings against the debtor and the debtor’s property. The order for relief, or automatic stay is effective immediately upon the filing of a voluntary petition, subject to the limitations set forth in § 362. PARTY IN INTEREST PLEADING A party who is actually and substantially interested in the subject matter, as distinguished from one who has only a nominal or technical interest in it. A written document where a party alleges and/or counter alleges facts giving rise to a legal action or request for relief. PREFERENCE Certain payments or transfers of a debtor’s property to a creditor within 90 days before the filing of the bankruptcy case may be considered preferential, and a trustee may seek to recover those payments on behalf of the estate. See § 547. PRIORITY CLAIM A claim that is entitled to be paid before general unsecured claims. See § 507. PROOF OF CLAIM A written statement identifying the amount and reason a debtor owes a creditor money. See Official Form 10. REAFFIRMATION AGREEMENT An agreement between a debtor and a creditor in which the debtor agrees to pay all or a portion of a debt that would be otherwise dischargeable. REDEMPTION Where the debtor pays the creditor the full current or “market value” of property that is secured by a purchase money security agreement. In exchange, the lien on the property is extinguished.

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