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    Debt

    Debt

    Debt

    A debt is an obligation owed by one party (the debtor) to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.

    A debt is created when a creditor agrees to lend a sum of assets to a debtor. Debt is usually granted with expected repayment; in modern society, in most cases, this includes repayment of the original sum, plus interest.[1]
    Obligation

    Obligation

    An obligation is a note to take some course of action, whether legal or moral.
    obligation
    c.1300, from O.Fr. obligation (early 13c.), from L. obligationem (nom. obligatio) "an engaging or pledging," lit. "a binding" (but rarely used in this sense), noun of action from pp. stem of obligare (see oblige). The notion is of binding with promises or by law or duty.
    Assets

    ASSETS. The property in the hands of an heir, executor, administrator or trustee, which is legally or equitably chargeable with the obligations, which such heir, executor, administrator or other trustee, is, as such, required to discharge, is called assets. The term is derived from the French word assez, enough; that is, the heir or trustee has enough property. But the property is still called assets, although there may not be enough to discharge all the obligations; and the heir, executor, &c., is chargeable in distribution as far as such property extends.

    ....

    3. Assets enter maim, or assets in hand, is such property as at once comes to the executor or other trustee, for the purpose of satisfying claims against him as such. Termes de la Ley.

    ....

    6. Equitable assets, are such as can be reached only by the aid of a court of equity, and are to be divided,, pari passu, among all the creditors; as when a debtor has made his property subject to his debts generally, which, without his act would not have been so subject. 1 Madd. Ch. 586; 2 Fonbl. 40 1, et seq.; Willis on Trust, 118.
    Creditor = Beneficiary
    Debtor = Trustee, Fiduciary

    Debt is a trust (in more ways than one).
    Last edited by shikamaru; 07-08-12 at 03:02 PM.

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