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. 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. The term „child” means a person under the age of 13. An agreement to continue performing tasks under a contract or lease. A federal agency responsible for collecting judicial statistics, administering the budget of federal courts, and performing many other administrative and programmatic functions under the direction and supervision of the United States Judicial Conference. Special conditions imposed by the court to compel a person to undergo an examination and treatment for a mental disorder.
Treatment may include psychiatric, psychological and sexual offence-specific assessments, inpatient or outpatient counselling, and medication. 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 claim owed by the debtor in certain circumstances, such as: if the debtor is a co-signer of another person`s loan and that person does not pay. You are disabled under the Equality Act 2010 if you have a physical or mental impairment that has a „significant” and „long-term” negative impact on your ability to perform normal daily activities. A person who has filed an application for discharge under the Insolvency Act. A court-recognized mechanism where two or more cases can be managed together. (Assuming there are no conflicts of interest, these separate companies or individuals can pool resources, hire the same professionals, etc.) 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.
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 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. To act „under the guise of state law” is to act beyond the limits of legitimate authority.2 min read A court decision in a previous case with facts and legal issues similar to a lawsuit 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. 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. A document that commences insolvency proceedings and contains basic information about the debtor, including the name, address, chapter under which the case is filed and estimated assets and liabilities. Generally refers to two events in individual bankruptcy cases: (1) the „individual or group briefing” of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the „Personal Financial Management Course” in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if U.S. trustees or insolvency administrators have determined that there are not enough licensed credit counselling agencies available to provide the required advice. However, you automatically meet the definition of disability under the Equality Act 2010 from the day you are diagnosed with HIV infection, cancer or multiple sclerosis. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Includes not only acts committed by a public servant under a state law, but also acts committed by an official under an order of a county or municipality of the state, as well as acts committed under an order issued by an official of the state, district or municipality, and even acts committed by an official under the color of a national or local custom. A form of discovery that consists of written questions that must be answered in writing and under oath.
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. Chapter of the Insolvency Code that provides for „liquidation”, i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a „means test”. The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. „Abuse of power, detained under State law and possible only because the perpetrator is vested in the authority of State law, is an act taken `under cover` of State law.” United States v. Classic, 313 U.S. 299, 326 (1941) A legal procedure for dealing with debt problems of individuals and corporations; in particular, a case filed under one of the chapters of title 11 of the United States Code. 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. (in-tur eh-lee-ah) Preparation. Latin for „among other things”. This phrase is often found in legal memoirs and writings, to give an example of many possibilities. Example: „The judge said, among other things, that the deadline for filing the lawsuit had passed.” 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. „Any person who, under any law, ordinance, ordinance, custom or custom of a State or territory or of the District of Columbia, subjects or causes to be subjected to the deprivation of any constitutional and lawful rights, privileges, or immunities guaranteed by the Constitution and the laws: is liable to the aggrieved party in any action, fair proceeding or other due process of redress.