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Bus Law Chapter 12

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Term
Definition
lien   claim against specific property to satisfy a debt  
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mechanic's lien   a statutory lien on the real property of another to ensure payment for work performed and materials furnished for the pep air or improvement of real property  
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artisan's lien   possessory lien given to a person who has made improvements and added value to another person's personal property as security for payment for services performed  
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attachment   court ordered seizure and taking into custody of property prior to the securing of a judgement for a past due debt  
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writ of attachment   court's order issued prior to a trial to collect a debt, directing the officer to seize nonexempt property of the debtor  
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writ of execution   a court's order issued after judgement has been entered against a debtor, directing the sheriff to seizure the debtor's nonexempt real or personal property  
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garnishment   legal process used by the creditor to collect a debt by seizing property of the debtor that is being held by a third party  
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suretyship   express contract in which a third party to a debtor creditor relationship promised to be primarily responsible for the debtor's obligation  
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surety   person who agrees to be primarily responsible for the debt of another  
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right of subrogation   right of a person to stand in the place of another, giving the substituted party the same legal rights that the original party had  
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right of reimbursement   legal right of a person to be restored for costs, expenses, or losses incurred on behalf of another  
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right of contribution   the right of a co surety who pays more than her or his proportionate share on a debtor's default to recover the excess paid from other co sureties  
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homestead exemption   law permitting a debtor to retain the family home free fro the claims of unsecured creditors or trustees in bankruptcy  
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liquidation   sale of all of the nonexempt assets of a debtor and the distribution of the proceeds to the debtor's creditors  
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preference   property transfers or payments made by the debtor that favor one creditor over others  
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preferred creditor   one who has received a preferential transfer from a debtor  
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reaffirmation agreement   an agreement between a debtor and a creditor in which the debtor reaffirms a debt dischargeable in bankruptcy  
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debtor in possession   a debtor who is allowed to continue in possession of the estate in property and to continue business operations  
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Created by: jennafarnsworth
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