Bankruptcy

Dictionary Says

Definition of 'Bankruptcy'

A legal proceeding involving a person or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor (most common) or on behalf of creditors (less common). All of the debtor's assets are measured and evaluated, whereupon the assets are used to repay a portion of outstanding debt. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations incurred prior to filing for bankruptcy.
Investopedia Says

Investopedia explains 'Bankruptcy'

Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that simply can't be paid while offering creditors a chance to obtain some measure of repayment based on what assets are available. In theory, the ability to file for bankruptcy can benefit an overall economy by giving persons and businesses another chance and providing creditors with a measure of debt repayment.  

Bankruptcy filings in the United States can fall under one of several chapters of the Bankruptcy Code, such as Chapter 7 (which involves liquidation of assets), Chapter 11 (company or individual "reorganizations") and Chapter 13 (debt repayment with lowered debt covenants or payment plans). Bankruptcy filing specifications vary widely among different countries, leading to higher and lower filing rates depending on how easily a person or company can complete the process.

Related Definitions

  • Absolute Priority

    A rule that stipulates the order of payment - creditors before shareholders - in the event of liquidation. The absolute priority rule is used in bankruptcies to decide what portion of ...
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  • Bankruptcy Risk

    The risk that a company will be unable to meet its debt obligations. Often referred to as "default" or "insolvency risk".
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  • Delinquent

    The failure to accomplish what is required by law or duty, such as the failure to make a required payment or to perform a certain action. A delinquent is an individual or corporation ...
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    • Chapter 7

      A bankruptcy proceeding in which a company stops all operations and goes completely out of business. A trustee is appointed to liquidate (sell) the company's assets, and the money is ...
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    • Chapter 11

      Named after the U.S. bankruptcy code 11, Chapter 11 is a form of bankruptcy that involves a reorganization of a debtor's business affairs and assets. It is generally filed by ...
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    • Discharge In Bankruptcy

      When a bankrupt person or company is legally free and clear of any obligation to repay certain debts.
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    • Prepackaged Bankruptcy

      A plan for financial reorganization that a company prepares in cooperation with its creditors that will take effect once the company enters bankruptcy. This plan must be voted on by ...
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    • Senior Debt

      Borrowed money that a company must repay first if it goes out of business. Companies have a number of options for obtaining financing, including bank loans and the issuance of bonds and ...
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    • American Bankruptcy Institute - ABI

      A non-partisan research organization that educates its members, Congress and the public on bankruptcy issues. Founded in 1982 and based in Alexandria, Virginia, American Bankruptcy ...
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    • Chapter 13

      A U.S. bankruptcy proceeding in which the debtor undertakes a reorganization of his or her finances under the supervision and approval of the courts. As part of the reorganization, the ...
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    • Technical Bankruptcy

      The state of a company or person who has defaulted on a financial obligation and would be declared bankruptcy if the creditor makes a claim through the courts.
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    • Vulture Fund

      A fund that buys securities in distressed investments, such as high-yield bonds in or near default, or equities that are in or near bankruptcy.
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