Bankruptcy Terminology

Bankruptcy is foreign to most people, but it doesn’t have to be confusing. Below are common bankruptcy words and phrases that you will hear around the Bankruptcy Court in Sacramento.

Bankruptcy lawyers aren’t the only people that need to understand the lingo. As a debtor, you also need to know what is happening with your bankruptcy case. So study up!

Debtor

This is the most important word because you are the debtor! Another word for debtor is “borrower,” but “debtor” is the word used commonly in the courts and bankruptcy petitions.

Creditor

Creditor means the person or company that you borrowed money from. In fact, creditor means any person (or entity) that you owe money to. This can include the US Government (because of taxes) or even friends that helped you out in a tough spot.

Discharge

Discharge is what happens after your bankruptcy case is over. The Bankruptcy Court enters a “discharge order” that tells the whole world that they can not legally collect debts from you. Some debts are not dischargeable, so it is important that you discuss all of your debts with your bankruptcy lawyer both before and after your case is over.

Meeting of Creditors

Also known as a “341 hearing,” the meeting of creditors is an opportunity for the Bankruptcy Trustee and your creditors to question you under oath. You will typically be asked basic questions about your bankruptcy petition. The meeting of creditors will only last about 5-10 minutes.

Bankruptcy Trustee

A Bankruptcy Trustee is a third party (sometimes a lawyer) that is randomly assigned to oversee your bankruptcy case. In most consumer Chapter 7 bankruptcies, the Trustees will review your paperwork and conduct the Meeting of Creditors. In more complex cases, the Trustee will collect and liquidate property and distribute money to creditors. There are about 30 Bankruptcy Trustees assigned to the US Bankruptcy Court in Sacramento.

Schedules

The Bankruptcy Schedules are attachments to the main bankruptcy petition. The schedules list various things, such as your homes, people you owe money to, and all of your personal property. It is important to carefully review your Bankruptcy Schedules before they are filed with the court. If things change after your case is filed, your Bankruptcy Lawyer might tell you that your Schedules need to be amended.

Bankruptcy doesn’t need to be confusing or mysterious. Call Sacramento Bankruptcy Lawyer Rick Morin for more information about bankruptcy. I can be reached at (916) 333-2222.

Attorney Rick Morin