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Personal Finance Debt Glossary: C

cancellation of debt - Release of a debt without consideration by a creditor.

 

chapter 11 bankruptcy - A reorganization proceeding in which the debtor may continue in business or in possession of its property as a fiduciary. A confirmed Chapter 11 plan provides for the manner in which the claims of creditors will be paid in whole or in part by the debtor.

 

chapter 12 bankruptcy - A simplified reorganization plan for family farmers whose debts fall within certain limits.

 

chapter 13 bankruptcy - A repayment plan for individuals with debts falling below statutory levels which provides for repayment of some or all of the debts out of future income over 3 to 5 years.

 

chapter 7 bankruptcy - The most common form of bankruptcy; a Chapter 7 case is a liquidation proceeding, available to individuals, married couples, partnerships and corporations.

 

charged off - This is an accounting term that means the creditor does not expect to collect on the debt. It relates to the creditor's taxes. It starts time periods under the Fair Credit Reporting Act. It does not mean that the debt is no longer legally enforceable.

 

collateral - The property which is subject to a lien. A creditor with rights in collateral is a secured creditor and has additional protections in the Bankruptcy Code for the claim secured by collateral. The measure of the secured claim is the value of the collateral available to secure the claim - it is possible to have a lien on property that is subject to a senior lien or liens such that the security available to pay the claim is really without value to the junior creditor. The general rule with respect to liens is "First in time, first in right."

 

confirmation - The court order which makes the terms of the plan for repayment of debts in a Chapter 11, 12 or 13 binding. The terms of the confirmed plan replace the prepetition rights of the debtor and creditor.

 

confirmed - A plan of reorganization in Chapter 11, 12 or 13 approved by the court and binding on the parties is said to be confirmed.

 

consumer debt - Debts incurred by an individual for personal, family or household purposes. Taxes are not consumer debts; neither are business loans. The means test only applies to those with primarily consumer debt.

 

contingent - Used to describe debts that are not fixed in right at the time, but are dependent on some other event happening to fix the liability.

 

conversion - Cases under the Bankruptcy Code may be converted from one chapter to another chapter; for example, a Chapter 7 case may be converted to a case under Chapter 13 if the debtor is eligible for Chapter 13. Even though the chapter of the Code which governs it changes, it remains the same case as originally filed.

 

credit bureau - A credit bureau (U.S.) is a company that collects information from various sources and provides consumer credit information on individual consumers for a variety of uses. This helps lenders assess credit worthiness, the ability to pay back a loan, and can affect the interest rate and other terms of a loan. Interest rates are not the same for everyone, but instead can be based on risk-based pricing, a form of price discrimination based on the different expected risks of different borrowers, as set out in their credit rating. Consumers with poor credit repayment histories or court adjudicated debt obligations like tax liens or bankruptcies will pay a higher annual interest rate than consumers who don't have these factors. Most consumer welfare advocates advise individuals to review their credit reports at least once per year, in order to ensure that the reports are accurate. Consumers can do so at no cost. They are entitled to a free annual credit report from each of the three nationwide consumer reporting agencies, Equifax, Experian and TransUnion.

 

credit enhancement - The process of reducing credit risk by requiring collateral, insurance, or other agreements to provide the lender with reassurance that it will be compensated if the borrower defaulted.

 

credit rating - A published ranking, based on detailed financial analysis by a credit bureau, of one's financial history, specifically as it relates to one's ability to meet debt obligations. The highest rating is usually AAA, and the lowest is D. Lenders use this information to decide whether to approve a loan.

 

credit repair - Credit repair is a three-part process. The first is obtaining and then fixing your credit report. The next is getting your finances organized in order to conquer debt. The final stage is then re-building your credit to the point where you are eligible for important secured loans such as a mortgage.

 

credit report - A consumer credit report is a document containing a factual record of an individual's credit payment history.

 

credit score - A measure of credit risk calculated from a credit report using a standardized formula.

 

credit settlement - See Debt Settlement

 

credit solution - See Debt Settlement

 

creditor - The person or organization to whom the debtor owes money or has some other form of legal obligation.


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