Palm Beach County Office 4400 Northcorp Parkway | Martin County Office 8902 S.E. Bridge Road | St. Lucie Information 2400 SE Veterans Memorial Parkway |
Palm Beach County Office 4400 Northcorp Parkway | Martin County Office 8902 S.E. Bridge Road | St. Lucie Information 2400 SE Veterans Memorial Parkway |
| Term | Definition |
|---|---|
| Credit Report |
A report outlining an individual’s credit history, public records and credit worthiness. |
| Creditor |
Any person or business that a debtor owes money to. |
| Debtor |
Any person who is liable to another for money. |
| Default |
Failure to make payments within a specified period of time governed by the original contract. |
| Delinquency |
Failure to make payments when payments are due. For most mortgages, payments are due on the first day of the month. Even though they may not charge a "late fee" for a number of days, the payment is still considered to be late and the loan delinquent. When a loan payment is more than 30 days late, most lenders report the late payment to one or more of the credit bureaus. |
| Denial of Discharge |
Penalty for debtor misconduct with respect to the bankruptcy case or creditors as a whole. The grounds on which the debtor's discharge may be denied are found in 11 U.S.C. 727. When the debtor's discharge is denied, the debts that could have been discharged in that case cannot be discharged in any subsequent bankruptcy. The administration of the case, the liquidation of assets and the recovery of avoidable transfers, continues for the benefit of creditors. |
| Dischargable |
Debts that can be eliminated in bankruptcy. Certain debts are not dischargeable; that it, they may not be discharged through bankruptcy or may only be discharged through Chapter 13. Family support and criminal restitution are examples of debts which cannot be discharged. Debts incurred by fraud can only be discharged in Chapter 13 bankruptcy. |
| Discharge |
The legal term for the order eliminating a debt through a bankruptcy case. When a debt is discharged, it is no longer legally enforceable against the debtor, though any lien that secures the debt may survive the bankruptcy case. |
| Equity |
A homeowner's financial interest in a property. Equity is the difference between the value of the property and the amount still owed on its mortgage and other liens. |
| Exempt |
Property that is exempt is removed from the bankruptcy estate and is not available to pay the claims of creditors. The debtor selects the property to be exempted from the statutory lists of exemptions available under the law of his state. The debtor gets to keep exempt property for use in making a fresh start after bankruptcy. |
| Exemptions |
Exemptions are the lists of the kinds and values of property that is legally beyond the reach of creditors or the bankruptcy trustee. What property may be exempted is determined by state and federal statutes, and varies from state to state. |
| Fair Market Value |
The highest price that a buyer, willing but not compelled to buy, would pay, and the lowest a seller, willing but not compelled to sell, would accept. Foreclosure: The legal process by which a borrower in default under a mortgage is deprived of his or her interest in the mortgaged property. This usually involves a forced sale of the property at public auction with the proceeds of the sale being applied to the mortgage debt. |
| Fiduciary |
One who is entrusted with duties on behalf of another. The law requires the highest level of good faith, loyalty and diligence of a fiduciary, higher than the common duty of care that we all owe one another. The debtor in possession in a Chapter 11 is a fiduciary for the creditors, owing loyalty to the creditors and not the shareholders of the debtor. |
| Garnishment |
A court-ordered method of debt collection in which a portion of a person's salary is paid to a creditor. The process by which a judgment creditor seizes money, which is owed to his judgment debtor, from a third party known as a garnishee. |
| General Unsecured Claim |
Creditor's claim without a priority for payment for which the creditor holds no security (or collateral). If the available funds in the estate extend to payment of unsecured claims, the claims are paid in proportion to the size of the claim relative to the total of claims in the class of unsecured claims. |
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Our local law offices take great pride in servicing the following areas.
Palm Beach County
Phone: 561-626-7561
Martin County
Phone: 772-408-6969
St. Lucie County
Phone: 772-408-6969