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. 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 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. 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. 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. 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. 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. 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. The study of the law and the structure of the legal system in relation 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied.
The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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. 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. Degree of proof required. In criminal cases, the prosecution must prove the guilt of an accused “beyond reasonable doubt”. The majority of civil lawsuits require “preponderance of evidence” (more than 50%), but in some the standard is higher and requires “clear and convincing” evidence. A secured creditor is a natural person or corporation that holds a claim against the debtor that is secured by a lien on the estate. The assets subject to the lien are the security right of the secured creditor. 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). No competition. A plea bargain has the same effect as an admission of guilt with respect to the criminal conviction, but cannot be considered an admission of guilt for other purposes. The most widely used test for assessing undue hardship related to the excusability of a student loan includes three conditions: (1) the debtor cannot maintain a minimum standard of living based on current income and expenses if it is required to repay the loans; 2.
it appears that the situation is likely to persist for a significant part of the repayment period; and (3) the debtor made good faith efforts to repay the loans. The assertion of a claim for payment by a creditor against a debtor or his property. The Court of Appeal agrees with the lower court`s decision and upholds it. See affirmative. Contracts or leases where both parties still have obligations to perform. If a contract or lease is enforceable, a debtor can take it back (keep the contract) or reject it (terminate the contract). a director, officer or person who exercises control over the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer or person who exercises control over the debtor.