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 person designated in a Chapter 7 case to represent the interests of the bankruptcy estate and creditors. The duties of the trustee include the examination of the debtor`s application and annexes, the liquidation of the assets of the estate and the distribution to creditors. The trustee may also bring actions against creditors or the debtor to recover assets from the bankruptcy estate. A bankruptcy file filed to reduce or eliminate debts that are primarily consumer debt. A judicial officer who serves in the judicial districts of Alabama and North Carolina and, like the trustee of the United States, is responsible for overseeing the administration of bankruptcy cases, estates and trustees; monitoring plans and disclosure statements; follow-up of creditor committees; follow-up of fee requests; and the performance of other legal tasks. 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 meeting of the judge and lawyers to plan the trial, discuss the issues that should be presented to the jury to review the proposed evidence and witnesses, and establish a trial plan. As a rule, the judge and the parties also discuss the possibility of settling the case. Put a document in the official custody of the court clerk for inclusion in the records or records of a case. An individual or enterprise which, in any case, has been entrusted, in accordance with Chapters 7 and 13, with representing the interests of the bankrupt estate and the debtor`s creditors. A written description of the proceedings in a case, including all pleadings, evidence and evidence filed in the course of the case. A protocol that contains the complete history of each case in the form of short chronological entries that summarize the legal proceedings. An insolvency document that contains basic information about the debtor, including the name, address, chapter under which the case is filed and the estimated amount of assets and liabilities. 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.” 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. in civil proceedings, the person or entity against whom the plaintiff is bringing an action; in criminal proceedings, the person accused of the offence. A party`s request to a judge to rule on a matter concerning the case.
A juror who is chosen in the same way as an ordinary juror who hears all the evidence, but who does not help decide the case, unless asked to replace a regular juror. Latin for “friend of the court”. This is a consultation formally offered to the court in a brief filed by a company interested in the case, but not by a party to the case. A bankruptcy case filed either without calendars or with incomplete calendars that list certain creditors and debts. (Facial sheet filings are often filed for the purpose of delaying an eviction or foreclosure The formal written statement of a defendant in a civil case that responds to a complaint and sets out the reasons for the defense. Accuse someone of a crime. A prosecutor hears a criminal case on behalf of the government A bailiff of a district court who conducts a first trial in criminal cases, decides on criminal cases, conducts many pre-trial civil and criminal cases on behalf of district judges, and decides civil cases with the consent of the parties. A decision of a jury or trial judge that establishes the guilt or innocence of an accused or determines the final outcome of a civil trial.
The period within which legal action must be brought or criminal proceedings initiated. The time limit may vary depending on the type of civil proceedings or the offence complained of. A judge`s written explanation of the court`s decision. Since a case can be heard by three or more judges of the Court of Appeal, the opinion in appeal decisions can take various forms. If all the judges are in complete agreement on the outcome, a judge will write the opinion for everyone. If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may write separately in dissenting or concurring opinions to express their views. A dissenting opinion contradicts the majority opinion on the basis of the reasoning and/or legal principles used by the majority to decide the case. A concurring opinion is consistent with the decision of the majority opinion, but provides further comments or clarifications, or even a very different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases.
See also the previous one. Information presented in testimony or in documents used to convince the investigator (judge or jury) to decide the case in favour of either party. 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. Multiply the time spent meeting with the client to get the facts, review hours, documents and case law, and meet with the government, and you can see legal bills getting worse quickly. It is not a very coherent jurisprudence, but it is the official position, there is a lot of legal uncertainty. A Chapter 7 case where no assets are available to satisfy certain unsecured claims of creditors. 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).