Bankruptcy and Foreclosure Glossary for New Yorkers
Bankruptcy, foreclosure, and debt collection come with specialized terms that can make an already stressful problem harder to understand. This glossary provides short, plain-English definitions of the words most frequently used by bankruptcy courts, trustees, creditors, lenders, and attorneys. A definition can explain the general concept, but it does not determine how the term applies to a particular case.
341 meeting
A required meeting where the debtor answers a trustee's questions under oath; a judge does not preside.
Adversary proceeding
A lawsuit filed within a bankruptcy case to resolve a dispute such as dischargeability, lien rights, or recovery of property.
Arrears
Past-due payments owed under a mortgage, vehicle loan, support order, tax obligation, lease, or other account.
Automatic stay
The federal injunction that generally begins at filing and pauses many collection and enforcement actions.
Avoidance action
A trustee's or debtor's action to reverse certain transfers, liens, or payments for the benefit of the estate.
Bankruptcy estate
The legal estate created at filing that generally includes the debtor's interests in property, subject to exemptions and chapter-specific rules.
Claim
A creditor's asserted right to payment or other remedy from the debtor or bankruptcy estate.
Confirmation
The bankruptcy court's approval of a Chapter 11, Subchapter V, or Chapter 13 plan.
Consumer debt
Debt incurred primarily for a personal, family, or household purpose.
Creditor
A person or entity holding or asserting a claim against the debtor.
Cramdown
Court approval of specified debt or plan treatment over a creditor's or class's objection when statutory requirements are met.
Cure
Correcting a default by paying arrears or otherwise restoring compliance over an authorized period.
Debtor
The person or entity that is the subject of a bankruptcy case.
Debtor in possession
A Chapter 11 debtor that remains in control of property and operations while performing trustee-like duties.
Deed in lieu
A voluntary transfer of mortgaged property to the lender under an agreement intended to resolve foreclosure.
Deficiency
The unpaid balance remaining after collateral is sold and proceeds are applied, subject to applicable law and defenses.
Discharge
The court order that releases the debtor from personal liability for qualifying debts and bars their collection.
Dischargeable debt
A debt eligible to be eliminated by the bankruptcy discharge if all requirements are satisfied.
Disposable income
Income remaining after permitted expenses and deductions, calculated under chapter-specific bankruptcy rules.
Equity
The value of property above valid liens and other interests, before considering sale costs and exemptions.
Exempt property
Property protected from administration or liquidation under the applicable exemption system.
Executory contract
A contract with material performance still due on both sides that may be assumed, assigned, or rejected in bankruptcy.
Foreclosure
A judicial process in New York through which a mortgage holder seeks a court-ordered sale of real property.
Fraudulent transfer
A transfer that may be reversed because of actual intent to hinder creditors or because value and financial-condition tests are met.
Garnishment
A legal process directing part of a debtor's earnings or other property to a creditor.
Judgment
A court determination that may establish liability and permit enforcement remedies such as liens, restraints, or garnishment.
Levy
A legal seizure of money or property to enforce a judgment or tax obligation.
Lien
A legal interest in property that secures payment or performance of an obligation.
Liquidation
The collection and sale of nonexempt assets for distribution to creditors.
Loan modification
An agreed change to one or more loan terms, potentially affecting payment, rate, term, arrears, or principal treatment.
Loss mitigation
A structured process for exploring consensual mortgage resolutions such as modification, forbearance, repayment, or surrender.
Means test
The statutory income-and-expense calculation used principally to evaluate Chapter 7 consumer eligibility and Chapter 13 obligations.
No-asset case
A Chapter 7 case in which the trustee finds no nonexempt value to distribute to unsecured creditors.
Nonexempt property
Property or value not protected by an available exemption and potentially subject to administration.
Preference
A qualifying payment or transfer made before bankruptcy that may be recovered because it favored one creditor over others.
Priority debt
A claim the Bankruptcy Code places ahead of general unsecured claims, such as specified taxes or domestic-support obligations.
Proof of claim
A creditor's formal filing stating the amount and basis of its claim against the estate.
Reaffirmation
A voluntary agreement that keeps an otherwise dischargeable debt enforceable, commonly involving a vehicle loan.
Relief from stay
Court permission allowing a creditor to continue an action that the automatic stay would otherwise prohibit.
Secured debt
Debt backed by collateral in which the creditor holds a lien or security interest.
Short sale
A lender-approved property sale for less than the total mortgage payoff.
Subchapter V
The streamlined Chapter 11 process for eligible small-business debtors created by the Small Business Reorganization Act.
Trustee
A fiduciary appointed or selected to administer specified duties in a bankruptcy case.
U.S. Trustee
The Department of Justice component that oversees bankruptcy administration, trustees, reporting, and case compliance.
Unsecured debt
Debt not supported by collateral, including many credit-card, medical, and personal-loan obligations.
