Bankruptcy A legal process for coping with debt issues of people and companies; specifically, a case filed beneath one of many chapters of title eleven of the United States Code (the Bankruptcy Code). Article III choose A federal decide who is appointed for life, throughout “good conduct,” underneath Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.
Chapter 12 The chapter of the Bankruptcy Code offering for adjustment of debts of a “family farmer” or “household fisherman,” because the terms are outlined within the Bankruptcy Code. Case file A complete assortment of every doc filed in courtroom in a case. Brief A written statement submitted in a trial or appellate continuing that explains one facet’s legal and factual arguments. Bankruptcy property All pursuits of the debtor in property at the time of the bankruptcy submitting. The estate technically turns into the momentary legal proprietor of all of the debtor’s property.
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Defendant In a civil case, the individual or organization in opposition to whom the plaintiff brings go well with; in a legal case, the individual accused of the crime. Default judgment A judgment awarding a plaintiff the relief sought within the complaint because the defendant has failed to appear in court docket or in any other case reply to the grievance. Declaratory judgment A choose’s statement about somebody’s rights. For instance, a plaintiff might search a declaratory judgment that a specific statute, as written, violates some constitutional proper.
Insider (of corporate debtor) A director, officer, or particular person in charge of the debtor; a partnership by which the debtor is a general partner; a common associate of the debtor; or a relative of a common partner, director, officer, or individual in control of the debtor. Injunction A court docket order stopping one or more named events from taking some motion. A preliminary injunction typically is issued to allow reality-discovering, so a choose can determine whether or not a permanent injunction is justified. For example, if the attorney can show that the witness might have fabricated parts of his testament, the witness is claimed to be “impeached;” 2.
Arraignment A proceeding during which a felony defendant is introduced into court, told of the charges in an indictment or information, and asked to plead responsible or not responsible. Appellee The celebration who opposes an appellant’s appeal, and who seeks to persuade the appeals court docket to affirm the district court’s determination. Appellate About appeals; an appellate court has the ability to review the judgment of a lower court (trial court) or tribunal.
Ex parte A proceeding introduced earlier than a courtroom by one get together solely, with out discover to or problem by the opposite side. En banc French, meaning “on the bench.” All judges of an appellate court docket sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly chosen judges.
Debtor A person who has filed a petition for relief beneath the Bankruptcy Code. De jure Latin, meaning “in regulation.” Something that exists by operation of legislation. Creditor A individual to whom or enterprise to which the debtor owes money or that claims to be owed money by the debtor.
- Since these non-human entities are “unvoiced” they’re legally represented “via guardians and representatives” to claim their legal rights and to fulfill their legal duties and obligations.
- The affiliation of prisoners sought to proceed in forma pauperis.
- In Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, the court declined to extend sure rights to legal individuals.
- The non-human entities given the “legal individual” standing by the regulation “have rights and co-relative duties; they will sue and be sued, can possess and transfer property”.
The trustee’s duties embody reviewing the debtor’s petition and schedules, liquidating the property of the property, and making distributions to collectors. The trustee may deliver actions towards collectors or the debtor to recover property of the bankruptcy estate. Chapter 7 The chapter of the Bankruptcy Code offering for “liquidation,” that’s, the sale of a debtor’s nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must fulfill a “means take a look at.” The courtroom will consider the debtor’s earnings and bills to determine if the debtor may proceed beneath Chapter 7.
By statute, Congress authorizes the variety of judgeships for every district and appellate court docket. Insider (of individual debtor) Any relative of the debtor or of a common companion of the debtor; partnership inwhich the debtor is a basic partner; basic partner of the debtor; or corporation of which the debtor is a director, officer, or person in management.
Consumer debts Debts incurred for personal, as opposed to business, needs. Clerk of court The court docket officer who oversees administrative features, particularly managing the flow of instances by way of the court docket. The clerk’s office is usually called a courtroom’s central nervous system. Chapter 7 trustee A person appointed in a Chapter 7 case to symbolize the interests of the chapter property and the collectors.
Docket A log containing the entire historical past of every case in the form of brief chronological entries summarizing the court docket proceedings. Dismissal with out prejudice Court action that permits the later submitting. Dischargeable debt A debt for which the Bankruptcy Code permits the debtor’s personal legal responsibility to be eradicated. Deposition An oral assertion made earlier than an officer licensed by regulation to manage oaths. Such statements are often taken to look at potential witnesses, to obtain discovery, or to be used later in trial.
Mental health treatment Special condition the court imposes to require an individual to endure evaluation and remedy for a mental dysfunction. Treatment could include psychiatric, psychological, and intercourse offense-specific evaluations, inpatient or outpatient counseling, and medication. Lawsuit A legal action began by a plaintiff towards a defendant based mostly on a complaint that the defendant failed to perform a legal obligation which resulted in harm to the plaintiff. Jury directions A choose’s directions to the jury earlier than it begins deliberations regarding the factual questions it must answer and the legal rules that it should apply. Jury The group of individuals selected to listen to the proof in a trial and render a verdict on issues of fact.
The constitutional process whereby the House of Representatives may “impeach” (accuse of misconduct) excessive officers of the federal authorities, who are then tried by the Senate. File To place a paper within the official custody of the clerk of courtroom to enter into the files or data of a case. Exemptions, exempt property Certain property owned by a person debtor that the Bankruptcy Code or relevant state legislation permits the debtor to maintain from unsecured creditors. The availability and amount of property the debtor might exempt is determined by the state the debtor lives in. Exclusionary rule Doctrine that says proof obtained in violation of a legal defendant’s constitutional or statutory rights is not admissible at trial.
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Chapter thirteen trustee A person appointed to administer a Chapter 13 case. A Chapter 13 trustee’s obligations are much like these of a Chapter 7 trustee; nonetheless, a Chapter 13 trustee has the extra duties of overseeing the debtor’s plan, receiving payments from debtors, and disbursing plan funds to creditors.