Written statements submitted to the court describing a party`s legal or factual allegations about the case. The representative of the bankruptcy estate exercising legal powers, primarily for the benefit of unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or receiver. The trustee is a natural person or entity appointed in all cases of Chapters 7, 12 and 13 and, in some cases, chapter 11. The duties of the trustee include examining the debtor`s application and annexes, as well as bringing actions against creditors or the debtor in order to recover ownership of the bankruptcy estate. In Chapter 7, the trustee liquidates the assets of the estate and makes distributions to creditors. Chapter 12 and 13 trustees have similar functions to a trustee under Chapter 7 and the additional responsibilities of overseeing the debtor`s plan, receiving payments from debtors, and disbursing plan payments to creditors. All financial interests of the debtor at the time of filing the application for insolvency. The estate technically becomes the temporary rightful owner of all the debtor`s assets. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code). A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff. With regard to civil actions in “justice” and not in “law”.
In English legal history, courts could order the payment of damages and could not afford any other remedy (see Damages). A separate “justice” court might ask someone to do something or stop doing something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is still important. For example, a jury trial is usually available in “legal cases,” but not in “equity cases.” The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. “Take.”Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/taking. Retrieved 14 January 2022.
A full-time lawyer employed by the federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act. The Kelo decision significantly expanded the power of the government. This led to considerable controversy, and states acted quickly to allay concerns about this expansion of power. In response to Kelo, many states have passed laws restricting governments` extractive capabilities (e.g., implementing a stricter definition of what constitutes “public use,” which requires an increased degree of control to justify an act classified as income, etc.). “Bringing” a legal action or legal action has an ordinary meaning fixed in the law and refers to the opening of legal proceedings in a legal action. A lawsuit is “filed” the moment it begins. Ilames v. Judd (Com. PI.) 9 N. T.
Supp. 743; Rawle v. Phelps, 20 Fed. Cas. 321; Goldenberg v. Murphy, 108 U. S. 162, 2 Sup. Ct. 388, 27 L.
ed. 6S6; Buecker v. Carr, 60 N. J. Eq. 300, 47 Atl. 34. The study of the law and structure of the legal system of the governmental unit empowered to resolve disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” In criminal law, the constitutional guarantee guarantee guarantees 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 freedom or property. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions.
The principles of the common law may be amended by legislation. Section 707(b)(2) of the Bankruptcy Code applies a “resource test” to determine whether an individual debtor`s filing under Chapter 7 is considered an abuse of the Bankruptcy Act that requires a dismissal or conversion of the matter (generally in Chapter 13). Abuse is suspected if the debtor`s aggregate monthly current income (as defined above) over 5 years, less certain expenses permitted by law, is greater than (i) $10,000 or (ii) 25% of the debtor`s unjustified unsecured debt, provided that this amount is at least $6,000. The debtor may rebut a presumption of abuse only by proving special circumstances that justify additional expenses or adjustments to current monthly income. A court decision in a previous case with facts and legal issues similar to a legal dispute currently being heard by a court. Judges “generally follow precedents,” that is, they apply the principles established in previous cases to rule on new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was tried incorrectly or that it differed significantly from the current case in some way. Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on its claim. In other words, the creditor seeks to have part of the debtor`s future salary paid to the creditor for a debt owed to the creditor. Instructions from a judge to the jury before it begins to deliberate on the factual questions it must answer and the legal rules it must apply. 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 for which the court has jurisdiction to rule on cases. A claim or receivable for which a creditor does not have a special guarantee of payment, such as a mortgage or lien; a debt for which credit has been granted solely on the basis of the creditor`s assessment of the debtor`s future solvency. A person or company that files a formal complaint with the court. The parties to a lawsuit resolve their dispute without a hearing. Settlements often involve the payment of compensation by one party to satisfy at least partially the claims of the other party, but generally do not involve the admission of fault. Any way in which a debtor disposes of or separates his or her assets. Generally refers to two events in individual bankruptcy cases: (1) the “individual or group information session” of a not-for-profit budget and credit advisory body, in which individual debtors must participate before filing an application under a chapter of the Bankruptcy Act; and (2) the “Personal Finance Management Course” in Chapters 7 and 13, which an individual debtor must complete before a release 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 necessary advice. A claim for which no specific value has been determined. Goods of all kinds, including real and personal, tangible and immaterial. A lawsuit that occurs in or in connection with a bankruptcy case and begins with the filing of a complaint with the court, i.e. a “proceeding” that takes place as part of a bankruptcy proceeding. The party who appeals the decision of a district court and usually seeks the annulment of that decision. A person or company to whom the debtor owes money or who claims to be liable for money by the debtor. A lawyer appointed by the president in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of assistant U.S. attorneys who act as government prosecutors in individual cases. A function of the federal courts that takes place at the beginning of the criminal justice trial – after a person has been arrested and charged with a federal crime and before being tried.
Pre-trial officials are focusing on investigating the backgrounds of these individuals to help the court decide whether to release or detain them pending trial. The decision is based on whether these people are likely to flee or pose a threat to the community. When the court orders release, an investigative officer supervises the person in the community until they return to court. Money that a defendant pays to a plaintiff in civil proceedings if the plaintiff has won. Damages may be subject to compensation (for loss or injury) or punitive (to punish and deter future misconduct). The Court of Appeal approves the lower court`s decision and upholds it. See yes. A judicial officer with the power to rule on applications before the courts. Used generically, the term judge can also refer to all judicial officers, including judges of the Supreme Court. Latin, which means “for the court.” In the courts of appeal, this is often an unsigned notice.
A court-approved mechanism under which two or more cases can be handled together. (Assuming there are no conflicts of interest, these separate companies or individuals can pool their resources, hire the same professionals, etc.) A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted defendant.