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. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. Property promised as security for the execution of a debt. A court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. 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. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions.

Common law principles can be changed by statute. The representative of the bankruptcy estate who exercises 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. A trustee is a person or partnership appointed in all cases under Chapters 7, 12 and 13 and, in some cases, Chapter 11. The trustee`s duties include reviewing the debtor`s application and schedules, as well as bringing actions against creditors or the debtor to recover assets from 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 obligations to a Chapter 7 trustee and the additional responsibilities of monitoring the debtor`s plan, receiving payments from debtors, and making plan payments to creditors. An action that prevents the subsequent filing of an identical action. 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 debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, child support or child support debt, certain taxes, debt for most government-funded or guaranteed student loans or benefit overpayments, debts for death or assault caused by driving under the influence of alcohol or drugs, and restitution debts or a penalty fine included in a judgment convicting the debtor of a crime. Certain debts, such as debts of money or property obtained under false pretenses, and debts for fraud or forgery in the exercise of fiduciary capacity, can only be declared inexcusable if a creditor files a non-discharge action in a timely manner and wins. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide 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 ill-decided or that it differs significantly from the current case. Study of the law and structure of the legal system A 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.” A written statement filed in court or an appeal that explains a party`s legal and factual arguments. The exemption of a debtor from personal liability for certain excusable debts. Notable exceptions to excusability include taxes and student loans. Debt relief relieves a debtor of personal liability for certain debts, called excusable debts, and prevents creditors who owe those debts from taking action against the debtor or the debtor`s assets to collect the debts.

Debt relief also prohibits creditors from communicating with the debtor about the debt, including through telephone calls, letters and personal contacts. Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held. Often referred to as TRO. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important.

For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. 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. 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. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions.

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. 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. A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and creditors. The functions of the liquidator include reviewing the debtor`s application and schedules, liquidating the assets of the estate and distributing them to creditors. The liquidator may also bring actions against the creditors or the debtor in order to recover ownership of the bankruptcy estate. 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. “Legal Steps.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/legal%20action. Retrieved 21 September 2022. 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. The parties to a dispute settle their dispute without judicial proceedings. Settlements often involve the payment of compensation by one party to satisfy at least part of the other party`s claims, but generally do not include an admission of fault. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Latin, which means “of one`s own will”. Often designates a court acting in a case without either party asking for it. A federal offense punishable by six months or less in jail. The sale of a debtor`s assets with the proceeds used for the benefit of creditors. 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.

A group of people chosen to hear evidence in a trial and pass judgment on the facts. See also Grand Jury. The qualification of the status of debtor after bankruptcy, that is to say free of most debts. (Allowing debtors to make a fresh start is one of the objectives of the Insolvency Code.) The service of orders or summonses to appear on the party concerned. A bailiff practicing in the judicial districts of Alabama and North Carolina who, like the United States Trustee, is responsible for supervising the administration of bankruptcy cases, estates and trustees; monitoring plans and disclosure statements; supervision of creditor committees; charge a monitoring fee; and the performance of other legal obligations. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. A debt secured by an asset that is worth less than the amount of debt. The Court of Appeal agrees with the lower court`s decision and upholds it.

See affirmative. debts secured by a mortgage, pledge or other lien; Debts for which the creditor has the right to pursue certain pledged assets in the event of late payment.