The regulation (or restructuring) of a debtor`s assets so that the debtor can make maximum use of the exemptions. (Pre-insolvency planning typically involves the conversion of non-exempt assets into exempt assets.) Person responsible for administering a chapter 13 file. The responsibilities of a Chapter 13 administrator are similar to those of a Chapter 7 administrator; However, a trustee under Chapter 13 has the additional responsibility of overseeing the debtor`s plan, receiving payments from debtors, and making payments from the plan to creditors. It is also illegal for the courts to impose a higher sentence on you than was possible at the time of committing a crime. A landlord sues a tenant to evict the tenant from the rental property – usually for non-payment of rent. A full-time attorney hired by the federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Lawyers Programme in accordance with criminal law. Objection by a trustee or creditor to the debtor`s attempt to claim certain assets from creditors as exempt from liquidation by the trustee. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all the debtor`s assets. The right to no punishment without law is absolute. This means that it cannot be restricted in any way. Assets that a debtor is allowed to keep, free from the claims of creditors who do not have privileges over the assets.
Truth and reconciliation commissions are often set up by nations that have emerged from periods of human rights violations – coups, military dictatorships, civil wars, etc. – to shed light on past events. While these mechanisms can help prosecute crimes and punish perpetrators, they have often been criticized for maintaining impunity by allowing offenders to seek protection from amnesty laws passed at the same time. [11] Sentence handed down by a court for an accused convicted of a crime. A court decision in a previous case with facts and points of law similar to a dispute currently pending before a court. Judges „generally follow precedents,” that is, they use the 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 tried incorrectly or that it differed significantly from the current case. The geographical area in which a court has jurisdiction. A change of jurisdiction is a change or transfer of a case from one judicial district to another. Latin, which means „you have the body.” A habeas corpus arrest warrant is usually a court order that requires law enforcement to present a detainee they are detaining and to justify the detainee`s re-detention. Federal judges receive habeas corpus petitions from state prison inmates who claim their prosecutor`s office has violated state-protected rights in some way.
Although it has already prevailed in criminal discourse, the ideal of reform was discredited in the early 1970s, in part because of research suggesting that punitive measures to reform offenders were no more effective than punitive measures to prevent recidivism (Martinson, 1974; Cullen and Gendreau, 2001). In addition, rehurbanative approaches have been criticized for having an overly deterministic view of behavior that places too much emphasis on social and cultural conditions and too little on the individual`s ability to make decisions and decisions. It also contradicts the idea of a right not to be disproportionately punished and does not set any limits on the scope of treatment or intervention. Nevertheless, reform remains a key logic in many criminal justice systems that justifies sentences aimed at treating and reducing the risk and needs of individual offenders (see Zedner, 2004). Section 707(b)(2) of the Insolvency Code applies a „resource test” to determine whether an individual debtor`s filing under Chapter 7 is considered an abuse of the Insolvency Code that requires the dismissal or conversion of the case (generally in Chapter 13). Abuse is suspected if the debtor`s total continuous monthly 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 non-priority unsecured debt, provided that this amount is at least $6,000. The debtor may rebut a presumption of abuse only by proving special circumstances justifying additional expenses or adjustments to current monthly income. Opposition by a trustee or creditor against the debtor`s exemption from personal liability for certain excusable claims. Common reasons are allegations that the debt to be settled arose under false pretenses or that the debt arose from the debtor`s fraud during his activity as trustee. To separate. Sometimes juries are isolated from outside influences during their deliberations.
Certain assets belonging to an individual debtor that the debtor may retain with unsecured creditors under bankruptcy law or the law of the applicable State. For example, in some states, the debtor may be able to use some or all of the equity in his or her principal residence (exemption from ownership) or some or all of the „business tools” he or she uses to earn a living (i.e., automotive tools for an auto mechanic or dental tools for a dentist).