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. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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. Nglish: Translation of misbeam for Spanish speakers All the debtor`s interests in real estate at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets.
“Not corresponding Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/mismatched. Retrieved 23 November 2022. 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. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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. 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. 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. 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 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. 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 written statement filed in court or an appeal that explains a party`s legal and factual arguments. The study of the law and structure of the legal system 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. Subscribe to America`s largest dictionary and get thousands of other definitions and an advanced search – ad-free! 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. Thesaurus: All synonyms and antonyms for incompatible 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. 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. A juror chosen in the same way as a regular juror who hears all the evidence but does not assist in deciding the case unless asked to replace a regular juror. The chapter of the Insolvency Code dealing with cross-border insolvency cases. The judicial officer who supervises the administrative functions, in particular the management of the flow of cases by the court. The clerk`s office is often referred to as the central nervous system of a court. A party who has the right to hear a court hearing on a matter to be decided in bankruptcy.
The U.S. debtor, trustee or receiver, the case trustee and creditors are parties in the interest of most matters. Evidence suggesting that an accused did not commit the crime. Party who appeals against the decision of a district court and usually seeks the annulment of that decision. The value of a debtor`s share of ownership that remains after consideration of the creditors` liens and other interests. (Example: If a $60,000 home is subject to a $30,000 mortgage, there is $30,000 in equity.) 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. An allegation in an indictment or information accusing an accused of a crime. An indictment or denunciation may contain allegations that the defendant committed more than one crime.
Each charge is called an indictment. If you violate this policy, Google said, “You will receive a 28-day notice to resolve these discrepancies, otherwise your account will be suspended at the end of the warning period.” A bailiff practicing in the judicial districts of Alabama and North Carolina who, like the United States Trustee, is responsible for supervising the administration of bankruptcy cases, estates and trustees; monitoring plans and disclosure statements; supervision of creditor committees; charge a monitoring fee; and the performance of other legal obligations. A complete collection of all documents submitted to the court in a case. This frequency mismatch creates a third tone that increases and decreases in volume, but the problem is that sound only exists in your brain. Any manner in which a debtor disposes of or disposes of his assets. Bankruptcy judges on regular active duty in each district; a unit of the District Court. As provided for in the Criminal Law Act, an organization formed within a federal judicial circuit to represent criminal accused who do not have the means to defend themselves adequately. Each organization is overseen by a federal defense attorney appointed by the county Court of Appeals.
Bankruptcy proceedings initiated to reduce or eliminate debt, which is primarily consumer debt. A series of questions to be answered in writing by the debtor concerning sources of income, transfers of ownership, lawsuits brought by creditors, etc. (There is an official form that a debtor must use.) In a criminal case, the defendant pleads “guilty” or “not guilty” in response to the charge. See also nolo contendere. Any relative of the debtor or a general partner of the debtor; a partnership in which the debtor is a general partner; general partner of the debtor; or a business in which the debtor is a director, officer or controller. A debt for which the Insolvency Code makes it possible to remove the personal liability of the debtor. The unexpected result is that the less selective the school, the greater the racial preferences and the larger the gap. An invalid test caused by a fundamental error. If a failure is found, the procedure must begin with the selection of a new jury. Payment of a debt to a creditor within 90 days prior to a debtor`s bankruptcy filing (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the case of the debtor under Chapter 7. An act or process by which one person`s rights or claims are classified among those of others. How to use a word that (literally) has something pe.
The service of orders or summonses to appear on the party concerned. A court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. An unsecured claim that is entitled to be paid before other unsecured claims that do not have priority. Priority refers to the order in which such unsecured claims are to be paid. 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.) 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 United States.