A chapter 7 bankruptcy case is a case in which a debtor seeks to get the debts that are dischargeable discharged and retain all property that is able to be exempted.

Bankuptcy terms that you should be aware of

Substantial Abuse

When a debtor creates debt that is in excess to the extent it may be fraud.

Asset Case

As asset case case in which the debtor has more assets over his claimed exemptions.

Automatic Stay

a court order that becomes in effect at the time the case is filed which automatically prohibits creditors from taking certain actions.

Bankruptcy schedules

This is the law that governs bankruptcy that can can be found in Title 11 of the United States Code. This is the law that governs bankruptcy that can can be found in Title 11 of the United States Code.

Bankruptcy Estate

legal forms that list the debtor's assets, liabilities, monthly exemptions, income, expenses.

Bankruptcy: An individual or entity that has had a bankruptcy filed on their behalf.

Bankruptcy Code When a case is filed a bankruptcy estate is created that consists of the debtor's property.

Chapter 7 Bankruptcy

This type of bankruptcy is called a straight bankruptcy or a liquidation bankruptcy. I

Chapter 11 Bankruptcy A Chapter 11 Bankruptcy is typically a business reorganization.

Exemptions

Exemption laws are laws that define what amount of property a debtor can keep in a bankruptcy case.:

Chapter 13 Bankruptcy A chapter 13 Bankurptcy is a reorganization of debt in which the debtor proposes a re-payment schedule through a chapter 13 trustee.

Reaffirmation Agreement

A reaffirmation agreement is an agreement which obligates the debtor to pay certains debts after the bankruptcy discharge.

Statutory Law - The body of law enacted by the legislative branch of government, as distinguished from case law or common law. Stay - A court order halting a judicial proceeding.

In forma pauperis In the manner of a pauper. Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.

Information A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.

Injunction A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

Insider of corporate debtor A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Insider of individual debtor Any relative of the debtor or of a general partner of the Strike - Highlighting evidence, in the record of case, that has been improperly offered and will not be relied on. Sua Sponte - A Latin phrase which means on one's own behalf, voluntary, without prompting or suggestion.

Subject Matter Jurisdiction - Power of a court to hear the type of case that is before it. Example: a municipal court has subject matter jurisdiction for cases involving violation of that municipality's ordinances, but does not have subject matter jurisdiction over felonies.

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Subpoena - A process directing a witness to appear and give testimony at a certain time and in a certain place.

Stare Decisis - The doctrine that courts will follow principles of law laid down in previous cases. Similar to precedent.

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Statement - A writing made by a person and signed or otherwise adopted or approved by such person; any mechanical, electrical or other recording or a transcription thereof, which is a recital of an oral utterance; and stenographic or written statements or notes which are in substance recitals of an oral statement. An adversary proceeding is a law action in a bankruptcy case hat seeks a specificied objective.

Creditor - A person or company to whom money is owed. Show Cause Order - Court order requiring a person to appear and show why some action should not be taken.

Discharge As discharge is a court order that evidences that the dischargeable are elminated.

Adversary Proceeding

Specific Performance - A remedy by which a court orders a person who has breached an agreement to perform specifically what he or she has agreed to do. Specific performance is ordered when damages alone would be inadequate compensation.

Speedy Trial - A rule of law wherein the defendant must be brought to trial within 180 days.

Spendthrift Trust - A trust set up for the benefit of someone whom the grantor believes would be incapable of managing his/her own financial affairs.

tortoise, a creature thoughtfully created to supply occasion for the following lines by the illustrionus ambat delaso:

tree, a tall vegetable intended by nature to serve as a penal apparatus, though through a miscarriage of justice most trees bear only a negligible fruit, or none at all. when naturally fruited, the tree is a beneficient agency of civilization and an important factor in public morals. in the stern west and the sensitive south its fruit (white and black respectively) though not eaten, is agreeable to the public taste and, though not exported, profitable to the general welfare. that the legitimate relation of the tree to justice was no discovery of judge lynch that indeed, conceded it no primacy over the lamp-post and the bridge-girder) is made plain by the following passage from morryster, who antedated him by two centuries:

trial, a formal inquiry designed to prove and put upon record the blameless characters of judges, advocates and jurors. in order to effect this purpose it is necessary to supply a contrast in the person of one who is called the defendant, the prisoner, or the accused. if the contrast is made sufficiently clear this person is made to undergo such an affliction as will give the virtuous gentlemen a comfortable sense of their immunity, added to that of their worth. in our day the accused is usually a human being, or a socialist, but in mediaeval times, animals, fishes, reptiles and insects were brought to trial. a beast that had taken human life, or practiced sorcery, was duly arrested, tried and, if condemned, put to death by the public executioner. i

truce, friendship.

Strict Liability Statutes - Statutes criminalizing specific conduct without regard to the actor's intent. The only question for a judge or jury in a strict-liability case is whether the defendant did the prohibited act.

Statutory Construction - Process by which a court seeks to interpret the meaning and scope of legislation.

Sidebar - A conference between the judge and lawyers, usually in the courtroom, out of earshot of a jury and spectators.

Slander - False and defamatory spoken words tending to harm another's reputation, business or means of livelihood. Slander is spoken defamation; libel is published.

Sovereign Immunity - The doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent, generally through legislation.

Special Damages - Damages that are the actual, but not necessary, consequence of a breach of contract or injury. In contract law, special damages must have been reasonably foreseeable and must flow directly and immediately from the breach, or they are not enforceable.

Statute - Law passed by a legislative body declaring rights and duties, or commanding or prohibiting certain conduct.

Statute of Frauds - Law which requires that certain documents be in writing, such as leases for more than one year. Under the UCC, contracts for the sale of goods for more than $500 must be in writing to be enforced.

Statute of Limitations - The time within which a plaintiff must begin a lawsuit in civil cases or a prosecutor must bring charges in criminal cases. There are different statutes of limitations at both the federal and state levels for different kinds of lawsuits or crimes.

Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living i.e., auto tools for an auto mechanic or dental tools for a dentist . The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Face sheet filing A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. Face sheet filings are often made for the purpose of delaying an eviction or foreclosure.

Family farmer An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.

Federal public defender An attorney employed by the federal courts on the full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act.

Federal public defender organization As provided by the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Felony A serious crime, usually punishable by at least one year in prison.

Hearsay Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.

Subpoena Duces Tecum - A court order commanding a witness to bring certain documents or records to court.

Standing - The legal right to bring a lawsuit. Only a person with some legally recognized interest at stake has standing to bring a lawsuit.

File To place a paper in the official custody of the clerk of court to enter into the files or records of a case. Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value. Fresh start The characterization of a debtor's status after bankruptcy or free of most debts. Giving the debtors a fresh start is one purpose of the Bankruptcy Code.

Grand jury A body of citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. attorney.

Habeas corpus Latin, meaning you have the body. A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

Home confinement A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment - a transmitter attached to the wrist or the ankle - to help ensure that the person stays at home as required. Stipulation - An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g. to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial. Summary Judgment - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the material facts of the case, and one party is entitled to judgment as a matter of law.

Summons - A document signed by a deputy clerk ordering a person to appear before the court to respond to a complaint.

Support Trust - A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary's support.

Suppress - To forbid the use of evidence at a trial because it is improper or was improperly obtained. See also exclusionary rule. Supra - Latin for above.

Surety - One who signs a bond and guarantees to pay money if the defendant fails to appear in court as ordered.

Surety Bond - A bond purchased at the expense of the estate to insure the executor's proper performance.

Survivorship - Another name for joint tenancy, in which one owner becomes entitled to property because he or she has survived all other owners.