Search Results for: debt security

pawnor

pawnor. One who deposits an item of personal property as security for a debt. — Also spelled pawner. [Cases: Consumer Credit 5. C.J.S. Interest and Usury; Consumer Credit § 352.]

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affect

affect, vb. 1. Most generally, to produce an effect on; to influence in some way. 2. Civil law. To pledge (property or revenues) as security for a loan; HYPOTHECATE. 3. Scots law. To seize (debtor’s property, etc.).

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lien avoidance

lien avoidance. Bankruptcy. A debtor’s depriving a creditor of a security interest in an asset of the bankruptcy estate. 11 USCA §§ 506(d), 522(f). [Cases: Bankruptcy 2571–2588, 2784. C.J.S. Bankruptcy §§ 110, 121, 123–125, 127, 129–132, 177–180.]

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hypotheca

hypotheca (hI-p[schwa]-thee-k[schwa] or hip-[schwa]-), n. [Latin fr. Greek] Roman law. A mortgage of property in which the debtor was allowed to keep, but not alienate, the property. “Yet another mode of creating a security is possible, by which not merely the ownership of a thing but its possession also remains with the debtor. This is

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pawnee

pawnee. One who receives a deposit of personal property as security for a debt. [Cases: Consumer Credit 5. C.J.S. Interest and Usury; Consumer Credit § 352.]

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squalor carceris

squalor carceris (skway-lor kahr-s[schwa]r-is). [Law Latin] Scots law. The strictness of imprisonment. “This term means merely the strictness of imprisonment which a creditor is entitled to enforce, with the view of compelling the debtor to pay the debt, or disclose any funds which he may have concealed. It does not imply (as it did with

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indigency

indigency, n. The state or condition of a person who lacks the means of subsistence; extreme hardship or neediness; poverty. • For purposes of the Sixth Amendment right to appointed counsel, indigency refers to a defendant’s inability to afford an attorney. — Also termed indigence. — indigent, adj. & n. “Supreme Court opinions speak generally

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antichresis

antichresis (an-ti-kree-sis). [Latin “in place of interest”] Roman & civil law. A mortgage in which the mortgagee retains possession of the mortgaged property and takes the fruits (such as rents) of the property in lieu of interest on the debt. La. Civ. Code art. 3176. [Cases: Mortgages 1. C.J.S. Mortgages §§ 2–6.] “Under the Civil

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secured

secured, adj. 1. (Of a debt or obligation) supported or backed by security or collateral. [Cases: Secured Transactions 2. C.J.S. Secured Transactions §§ 7, 9–10, 22, 27.] 2. (Of a creditor) protected by a pledge, mortgage, or other encumbrance of property that helps ensure financial soundness and confidence. See SECURITY. [Cases: Mortgages 22. C.J.S. Mortgages

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