Assets that a debtor is allowed to keep, free from claims by creditors who do not have liens on the property. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the “Personal Financial Management Course” in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if the U.S. trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the required advice. Latin, which means in the chamber of a judge. Often means outside the presence of a jury and the public. In private. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. A document that commences insolvency proceedings and contains basic information about the debtor, including the name, address, chapter under which the case is filed and estimated assets and liabilities. A lawsuit in which one or more members of a large group or class of persons or other entities sue on behalf of the group as a whole. The district court must determine that class actions contain questions of law or fact before the action can be brought as a class action.
A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to “appeal” or “to appeal”. The one who appeals is called a “complainant”; The other party is the “appellant”. A debt secured by an asset that is worth less than the amount of debt. Section 707(b)(2) of the Insolvency Code applies a “means test” to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. A declaration by a debtor under Chapter 7 regarding plans for dealing with consumer debts secured by estate assets. In some situations, the words are legitimate and legal roughly equivalent. However, legitimate may refer to a right or legal status, but also, in the case of extensive use, to a right or status supported by tradition, custom or recognized norms. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code.
A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. Payment of a debt to a creditor within 90 days prior to a debtor`s bankruptcy filing (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the case of the debtor under Chapter 7. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Certain assets belonging to an individual debtor that the debtor may retain with unsecured creditors under the applicable bankruptcy law or state law. For example, in some states, the debtor may be able to pay all or part of the equity at his principal residence (exemption from family ownership) or some or all of the “business tools” he uses to make a living (i.e. automotive tools for an auto mechanic or dental tools for a dentist). The availability and amount of assets that the debtor can discharge depends on the State in which the debtor lives. The value of a debtor`s share of ownership that remains after consideration of the creditors` liens and other interests. (Example: If a $60,000 home is subject to a $30,000 mortgage, there is $30,000 in equity.) Governmental body empowered to settle disputes.
Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” An allegation in an indictment or information accusing an accused of a crime. An indictment or denunciation may contain allegations that the defendant committed more than one crime. Each charge is called an indictment. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. An individual, an individual and the individual`s spouse, a corporation or partnership that operates a farm that meets certain debt limits and other legal criteria to apply under Chapter 12. A formal accusation by a prosecutor that the accused has committed a crime. See also Indictment. A jury verdict that a criminal accused is not guilty, or a judge`s conclusion that there is insufficient evidence to support a conviction. The right as set out in previous court decisions. Synonymous with precedent.
Similar to the common law, which stems from tradition and judicial decisions. A pre-trial motion requiring the court to prohibit the other party from presenting or even referring to evidence deemed so prejudicial that no action taken by the judge can prevent the jury from being unduly influenced. Property promised as security for the execution of a debt. A request by a creditor to give the creditor the creditor`s opportunity to bring an action against the debtor or its assets, which would otherwise be prohibited by the automatic stay. Latin, which means “of one`s own will”. Often designates a court acting in a case without either party asking for it. A person or entity to whom the debtor owes money or claims to be owed to the debtor. An amount that a defendant pays to a plaintiff in a civil proceeding if the plaintiff won. Damages (for loss or injury) or punishment (to punish and deter future misconduct).
A doctrine that evidence obtained in violation of the constitutional or legal rights of a criminal accused is not admissible in court. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. The meanings of lawful and legal largely overlap; However, licit may apply to conformity with laws of any kind (e.g., natural, divine, general, or canonical). Bankruptcy proceedings initiated to reduce or eliminate debt, which is primarily consumer debt. Latin, which means “you have the body”. A writ of habeas corpus is usually a court order that requires law enforcement to produce a detainee they are holding and to justify the detainee`s continued detention. Federal judges receive habeas corpus petitions from state prison inmates who claim their prosecutor`s office violated state-protected rights in some way. Information presented in witness statements or in documents used to convince the investigator (judge or jury) to decide the case in favour of one party or the other.
An injunction that automatically stops lawsuits, seizures, seizures and most collection activities against the debtor as soon as a bankruptcy application is filed. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused. An agreement between two or more people that creates an obligation to do or not do a particular thing. The formal grand jury indictment, which states that there is sufficient evidence that the accused committed the crime to warrant trial; It is mainly used for criminal offences. See also Information. A claim that arises in or in connection with insolvency proceedings and begins with the filing of a complaint with the court, i.e. a “proceeding” that takes place in the context of insolvency proceedings. Party who appeals against the decision of a district court and usually seeks the annulment of that decision.
A debt owed by the debtor in certain circumstances, such as when the debtor is a co-signer of another person`s loan and that person does not pay. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets.