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Experienced Chapter 7 Attorney
Serving The Entire State Of Maryland since nineteen seventy three - Excellence In Legal Service
We have earned the trust of thousands of satisfied clients and have gained experience in thousands of successful
chapter 7 and chapter 13 Bankruptcy cases since nineteen seventy three. We will properly prepare all bankruptcy documents for you, promptly file them with the court, prepare your case for hearing, appear in court with you at your hearing and keep you fully informed throughtout your case. There is no substitute for trust and experience.
I was very impressed with your dedication to my case, answering all of my questions throughout the case, obtaining my discharge without delay and getting back the money taken in the wage attachment. If anyone needs to file bankruptcy you are the lawyer they need to call. ~~K.B.
" Your representation was outstanding in recovering thousands of dollars I paid out in a debt consolidation scam, properly representing me in a bankruptcy and getting all my debts eliminated at a low fee and less than one half of what I paid to them. What was most important to me was your integrity and clear answers to my questions." ~~D.G.
" Thanks for taking over my chapter 13 case which enabled me to save my house. " ~~ W.S.
" Many thanks for a job well done in getting my tax debts and other claims eliminated and being available to answer all of my questions throughout my case." ~~B.W.
" I was suprised to learn how the debt settlment company I saw on television took advantage of me. Thank you for getting my money back from them, properly filing my bankruptcy and saving my house. I recommend your services. " ~~H.M.
" I appreciate your meeting with me on the weekends so I did not have to lose time from work."~~N.T.
Representing debtors to eliminate debts completely, or to reorganize and reduce debts in order to rotect Property And To Obtain A Fresh Financial Start
Prompt, experienced and effective representation for all financial issues including, foreclosure repossessions, student loans, wage attachments, federal and state tax matters. In addition to bankruptcy, we provide effective representation for tax problems with the IRS, tax audits, tax liens, tax wage attachments, IRS installment plan arrangements, and IRS audits.
If you are currently in a Chapter 13, making payments to a mortgage company, a trustee, finding out your Chapter 13 plan can not be confirmed, and your Chapter 13 will not result in retaining your home, upon review of the facts in your case in many instances, we can provide options that will be less expensive and far more effective.
Our debt relief agency will full prepare all bankruptcy documents, both before and after your case is filed, go to court with you, and defend you against contested matters from the trustee, your creditors and their attorneys.
We work with you with a workable payment plan and a low fee we invite you to compare. Call, you will see for yourself.
Each case is different and presents different opportunities and challenges.
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 - court order that becomes in effect at the exact 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 eleven of the United States Code.
Bankruptcy Estate Legal forms that list the debtor's assets, liabilities, monthly exemptions, income, expenses.
ffirmation agreement is an agreement which obligates the debtor to pay certains debts after the bankruptcy discharge.
Discharge court order that evidences that the dischargeable are elminated.
Injunction 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.
Home confinement 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.
Chapter 7 Bankruptcy - This type of bankruptcy is called a straight bankruptcy or a liquidation bankruptcy.
Chapter 11 Bankruptcy - Chapter eleven Bankruptcy is typically a business reorganization.
Reaffirmation Agreement that re-obligates a debtor to a debt.
Federal public defender organization As provided for in 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.
Chapter 13 trustee person that is appointed to administer a Chapter thirteen case. A Chapter 13 trustee's responsibilities are similar to those of a Chapter 7 trustee; however, a Chapter 13 trustee has an additional responsibility of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors. Call Jack Hyatt if you have any questions.
Exemptions Exemption laws are laws that define what amount of property a debtor can keep in a bankruptcy case.:
Show Cause Order - Court order requiring a person to appear and show why some action should not be taken.
Equitable Pertaining to civil suits in equity rather than in law. The courts of law could order the payment of damages and could afford no other remedy see damages . A separate court of equity could order someone to do something or to cease to do something e.g., injunction . In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in law cases but not in equity cases.
Equity The value of a debtor's interest in property that remains after liens and other creditors' interests are considered.
Chapter 13 Bankruptcy - chapter thirteen Bankurptcy is a reorganization of debt in which the debtor proposes a re-payment schedule through a chapter 13 trustee.
Chapter 15 chapter of the Bankruptcy Code dealing with cases of cross border insolvency.
Adversary Proceeding An adversary proceeding is a law action in a bankruptcy case hat seeks a specificied objective.
Creditor - person or company to whom money is owed.
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.
A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or the criminal fine included in a sentence on the debtor's conviction of a crime. Some debts, such as debts for prooperty or money obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.
Nonexempt assets
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Burden of proof The duty to prove disputed facts. In civil cases, the plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt.
Temporary restraining order Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.
Chief judge The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority.
Claim A creditor's assertion of a right to payment from a debtor or the debtor's property.
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.
Appellant The party who appeals a district court's decision, usually seeking reversal of that decision.
Property of a debtor that can be liquidated to satisfy claims of creditors.
Surety - One who signs a bond and guarantees to pay money if the defendant fails to appear in court as ordered.
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.
Appellate About appeals; an appellate court has the power to review the judgment of a lower court trial court or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.
Sidebar - A conference between the judge and lawyers, usually in a courtroom, out of earshot of the 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.
Brief A written statement submitted in thr trial or appellate proceeding that explains one side's legal and factual arguments.
Testimony Evidence presented orally by witnesses during trials or before grand juries.
Tort A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.
Transfer Any mode or means by which a debtor disposes of or parts with his/her property.
ummary judgment is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law.
Impeachment The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be It is also called the constitutional process whereby the House of Representatives may impeach accuse of misconduct high officers of the federal government, who are then tried by the Senate.
In camera Latin, meaning in a judge's chambers. Often means outside the presence,jack hyatt,
Federal public defender An attorney employed by the federal courts on a 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.
Designee - Person appointed who sets conditions of release for a defendant arrested at a time when the judge is not available.
Direct Evidence ? Testimony by witnesses who heard words spoken or saw acts done.
Direct Examination - First questioning of witnesses by the party calling.
Guardian - A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If one parent dies, the children?s guardian will usually be the other parent. If both die, it usually will be a close relative.
Guardianship - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself herself. A guardian also may be given responsibility for the person?s financial affairs, and thus perform additionally as a conservator. See also Conservatorship.
Habeas Corpus - A writ used as a means to bring a person before the court to determine whether he she is being detained unlawfully.
Harmless Error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of the trial and therefore was not sufficiently harmful prejudicial to require that the judgment be reversed on appeal.
Plea - Defendant?s answer to the charge - guilty, not guilty, nolo contendere or Alford plea.
In a criminal proceeding, the defendant?s declaration in open court that he or she is guilty or not guilty. The defendant?s answer to the charges made in the indictment or information.
Plea Agreement - An agreement between the prosecutor and the defendant, presented for the court's approval, regarding the sentence the defendant should serve upon a plea of guilty, an Alford plea, or a no contest plea. Typically, the defendant pleads guilty in exchange for some form of leniency. For example, the defendant may plead to lesser charges so that the penalties are diminished. Or, the defendant may plead to some, but not all of the charges so that others are dropped. The agreement may include sentencing recommendations. Such bargains are not binding on the court.
Plea Bargaining or Plea Negotiating - The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. The Court is not privy to the actual negotiations, but is presented with a plea agreement for its approval or rejection.
Implied Consent ? Knowing indirectly through conduct or inaction that a person would agree or give permission. For example, in New Mexico a person who gets a driver?s license has given implied consent to allow a police officer to conduct an alcohol breath or blood test, when the police suspects the person is driving while intoxicated.
Implied Warranty of Merchantability ? An assumption in law that the goods are fit for the ordinary purposes for which such goods are used. This implied warranty applies to every sale by a merchant who deals in goods of the kind sold. However, if there is a warning that the goods are sold as is, the implied warranty does not apply.
Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence.
In Camera - In chambers or in private. A hearing in camera takes place in the judge?s office outside of the presence of the jury and the public.
Incarcerate - To confine in jail.
Personal Recognizance - In criminal proceedings, the pretrial release of a defendant without bail upon his her promise to return to court. See also Release on Own Recognizance.
Personal Representative - The person that administers an estate. If named in a will, that person?s title is an executor. If there is no valid will, that person?s title is an administrator.
Petitioner - The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. The opposing individual is called the respondent.
Low Fees - Payment Plans
Weekend and Evening Appoinments
Hardship and Difficult Cases Accepted
410-484-4900
Maryland Bankruptcy Lawyer
Attorney Credentials:
Former Assistant State's Attorney
Admitted To Practice Before:
The United States Supreme Court
All Maryland Courts
Federal District Court
Member:
Maryland State Bar Association
Baltimore County Bar Association
Baltimore City Bar Association
University of Baltimore
A.A. B.S. J.D.
Honorable Discharge U.S. Army
Jack Hyatt