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Simple English definitions for legal terms

recharacterization

Read a random definition: debtor's property

A quick definition of recharacterization:

Recharacterization is when a court decides that a loan from someone who is part of a company that is being liquidated should actually be considered a capital contribution. This means that the insider will only get part of the money left over after all the company's debts have been paid. The court looks at things like how much money was available at the beginning, if the company could have gotten loans from other sources, and how the loan was recorded in the company's records.

A more thorough explanation:

Definition: Recharacterization is a court's decision that an insider's loan to a business in liquidation should be treated as a capital contribution instead of a loan. This means that the insider will only receive a portion of the liquidation proceeds after all the business's debts have been paid off. The court considers factors such as the amount of initial capital, the entity's ability to obtain loans from outside sources, and past treatment of similar transactions by the insider.

Example: John is a shareholder in a company that is going through liquidation. He had given the company a loan of $100,000, which he expected to be repaid in full. However, the court recharacterized the loan as a capital contribution, meaning that John would only receive a portion of the liquidation proceeds after all the company's debts had been paid off. This decision was based on the fact that the company had little initial capital, had difficulty obtaining loans from outside sources, and had a history of receiving similar transactions from John.

This example illustrates how recharacterization can affect an insider's expectations of repayment and highlights the factors that a court considers when making this decision.

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i literally just need one A so i can relax before my ED decision
WorthlessAttractiveZombie
9:38
oh that's right USC might release
soapy
9:43
USC still has not looked at my app
WorthlessAttractiveZombie
9:43
when did you submit soapy?
soapy
9:44
10/16
WorthlessAttractiveZombie
9:44
to be fair it took them almost 2 months for me to go under review
soapy
9:44
Feelin a bit stressed, as I've got no date change for Michigan either despite applying 10/7
WorthlessAttractiveZombie
9:45
I have not had a date change either for Mich but I've seen people get in without one so who knows
I applied 9/25 to like 6 schools and some (Houston) have no date change yet so dw
soapy
9:46
But do people get in without addresses going long?
WorthlessAttractiveZombie
9:46
it's tough to tell because a lot of people type out their addresses long to begin with
soapy
9:46
Ah. I didn't. Looking back, my Mich supplement kind of sucks, so there's that
Mich overrated (Dean Z please let me in even tho i didnt apply and I am below both 25ths)
ClassyPleasantHeron
10:01
The "date changes" at Michigan really don't mean anything. We had to do them in undergrad admissions whenever a Georgia applicant picked the country instead of the state, because we'd have to remove the TOEFL requirement and reassign the application from the international application readers.
soapy
10:06
Classy, does that mean they may look at your application, and that look doesn't necessarily trigger any date change?
1a2b3c4d26z
10:06
Man
1a2b3c4d26z
10:07
Walkin to the bus
1a2b3c4d26z
10:07
What a good day to get into law school
ClassyPleasantHeron
10:11
@soapy: I don't know for sure about the law school. For undergrad, once the application is complete, it's assigned to a reader the following Monday. If we had to make any changes, it's because a reader saw something that needed to be changed and the application needed to be re-read after that change.
soapy
10:12
Ahh, got it. Thank you for the insight!
ClassyPleasantHeron
10:14
You're welcome. FWIW, I have no idea what's up with the address changes. We didn't have to do any of that, except for the Georgia state vs country kinds of things.
soapy
10:15
I've heard it theorized that some schools will change the address from "St." --> "Street" as they prepare to send out admissions packets. That's the rumor, anyways.
i think it just indicates a change in status like under review or stages of review
my stanford address went long as soon as it was marked complete lmao
soapy
10:25
I saw some Reddit adcom say that they can see any time we refresh the status checker; I wonder if it's a red flag if an applicant's checked it like 50 times in a day?
soapy
10:25
Also, can we send another LoR to a school that we've already applied to?
soapy
10:26
Or another essay?
10:30
i'll allow it
soapy
10:31
<3 thanks Fart Butt
1a2b3c4d26z
10:31
If I get rejected by a school bc I check my statuses during work then it wasn’t meant to be
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