Also known as:debitrix · debitores · debitrices · debtor · female debtor
Written by attorneys · grounded in primary & secondary sources — see below
A person who owes a legal obligation to another. In Roman law the term identifies the party bound to perform under an obligation.
Sources & Authorities· 21 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Creditor Reaches Fee Simple Conditional
Delilah Duran held an estate in fee simple conditional in a parcel of land. A judgment creditor docketed a lien against her. The creditor levied on the transferable interest Duran possessed at the time the lien attached.
Judgment Creditor Seeks Partnership Assets
Darius Dixon served as general partner in a limited partnership that later became a debtor in bankruptcy. A judgment creditor of Dixon sought to levy on his personal assets after the partnership assets proved insufficient.
Creditor Levies on Partner's Assets
Diana Delgado was a partner in a general partnership that entered bankruptcy. Her personal judgment creditor obtained court permission to execute against her individual property after partnership assets were exhausted.
Diego Duarte acquired real property after a prior judgment had been docketed against him. The judgment lien attached to the newly acquired parcel upon recording, affecting its marketability to subsequent buyers.
Creditor Reaches Fee Tail Interest
Devon Drake held an estate in fee tail preserved for a single lifetime. A judgment creditor recorded a lien and later executed against the transferable interest Drake possessed while the lien remained in force.
Charging Order Against Transferable Interest
Daphne Doyle held a transferable interest in a partnership. Her judgment creditor obtained a charging order that created a lien on distributions otherwise payable to Doyle.
Common questions
Frequently Asked
3
What does the term debitor mean in Roman law?+
It identifies the party who owes a legal obligation to another person.
Supporting sources
Can a creditor reach a debitor's interest in a fee simple conditional?+
Yes. The creditor may subject to payment those interests the debitor has power to transfer when the lien attaches or later acquires during the lien's continuance.
Does a debitor's status in bankruptcy affect a partner's personal liability?+
When the partnership is a debtor in bankruptcy a judgment creditor of a partner may levy on the partner's assets only after satisfying additional statutory conditions.
433 U.S. 186 (1977)Conflict of Laws
…Harris owed Balk was an intangible form of property belonging to Balk, and that the location of that property traveled with the debtor. By obtaining personal jurisdiction over Harris, Epstein had "arrested" his debt to Balk, 198 U. S., at 223, and brought it into the Maryland court. Under the structure established by…