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A chapter 13 case is a case in which a debtor seeks to pay creditors are reducted rates. Once the plan is filed with the court a hearing is scheduled in which the debtor meets with the chapter 13 Trustee.
Creditors have a right to object to the plan. The object of the proceedins is to get the plan confirmed so the debtor can get a discharge. A Chapter 13 bankruptcy, so called because it is defined in Chapter thirteen of the Bankruptcy Code, is often called a wage-earner's bankruptcy. Chaper 13 allows a debtor to pay back all or some of the debt over a period of time. Sometimes, a debtor will earn too much money or own too much property to qualify for a liquidation under Chapter 7; in this case, Chapter 13 may be selected. In Chapter thirteen, the debtor's budget is scrutinized and adjusted to provide a surplus of income over expenses, which can then be applied to the debt. Although Chaper 7 can only be invoked every eight years, chapter 13 requires a much shorter waiting period. The exact waiting period depends on several factors, including the portion of the debt that was discharged in the previous bankruptcy. Petty Misdemeanor - A crime that allows less than six months of jail time upon conviction. Plaintiff - The person,business,organization, oragency who files the complaint in a civil lawsuit. Also called the complainant. Plain View Doctrine - The doctrine that permits a law enforcement officer to lawfully seize incriminating evidence not specifically sought but readily visible in the course of a valid search.
Mistrial An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury. Moot Not subject to a court ruling because the controversy has not actually arisen, or has ended. Motion A request by a litigant to a judge for a decision on an issue relating to the case. . Permanent Injunction - A court order requiring which some action be taken or that some party refrain from taking action for an indefinite period. Personal Jurisdiction - Power which a court has over the defendant's person and which a court must have before it can enter a judgment affecting the defendant's rights. Per Se Law - In the Motor Vehicle Code, the per se crime is driving with a blood alcohol level of .08 or greater, as established through a valid testing procedure. No proof is required to show that the defendant was under the influence since the law concludes that driving with a blood alcohol content (BAC) of .08 or greater is driving while intoxicated. (DWI can be proved by other evidence even if a defendant's BAC is less than .08.)
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Jack Hyatt |