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Chapter 7 Attorney            Low Fees            Payment Plans                  - Weekend and Evening Appointments                     Experience gained in thousands of cases.                        There is no substitute for experience!                       410 - 484 4900.

Experienced Chapter 7 Attorney
Low Fees - Payment Plans
Weekend and Evening Appoinments
Hardship and Difficult Cases Accepted
410-484-4900

A Chapter 7 Bankruptcy case is a proceeding in which the debtor transfers all of his or her property to a chapter 7 trustee. The trustee then liquidates all of the non exempt assets for distribution to all of the creditors who file claims. A Chapter 7 case is very different from a chapter 13 case in which the debtor makes payments to the trustee and pays off a portion of the debt. Although a Chapter 7 case is often referred to as a liquidation case, it is very rare that any assets are liquidated. The reason is that the large majority of chaper seven case that are filed the total value of all of the assets of the bankruptcy estate are under the value of the amount of exemptions that a chaper seven debtor is entited to keep.

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.

Client Comments

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.

JACK HYATT
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

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.

Jack Hyatt

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. Indicia - Signs, indications.

Indictment ? The written accusation by a grand jury that charges a person named in the indictment with the violation of a law. Indictments are used for felony charges, not misdemeanors.

Indigency - Financial inability to hire a lawyer or pay court costs.

Indigent - Needy or impoverished. A defendant who can demonstrate his her indigence to the court may be assigned a court appointed attorney at public expense in criminal and child abuse neglect cases, but not in other civil cases.

In Forma Pauperis ? In the manner of a pauper. Permission given to a person to sue without payment of court costs because of indigence or poverty.

Final Order ? An order that ends a lawsuit between the parties to the case , resolves the merits of the case, and leaves nothing to be done but enforcement.

Finding - Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.

Pleadings - The written statements of fact and law filed by the parties to a lawsuit.

Hearing -A proceeding, generally public, at which an issue of fact or law is discussed and either individual has the right to be heard.

Hearsay ? Testimony by a witness concerning events about which the witness has no personal knowledge. Hearsay testimony conveys not what the witness observed personally, but what others told the witness or what the witness heard others say. Hearsay is usually not admissible as evidence in court because of its P>Petty Misdemeanor ? A crime that allows less than six months of prison time upon conviction.

Plaintiff - The person business organization agency that 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.

In-Custody Arraignments jail cases ? Arraignment while the defendant remains in jail because defendant has not been released on bond or by other means.

Indeterminate Sentence - A sentence of imprisonment to a specified minimum and maximum period of unreliability. ith authority to hear and decide cases in a court of law. A judge Pro Tem is a temporary judge.

Per Se Law - In the Motor Vehicle Code, the per se crime is driving with a blood alcohol level of zero eight 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 zero eight or greater is driving while intoxicated. DWI can be proved by other evidence even if a defendant?s BAC is less than zero eight.

Personal Property - Tangible physical property such as cars, clothing, furniture and jewelry and intangible personal property such as bank accounts . This does not include real property such as land or rights in land.

Instructions - Judge?s explanation to the jury prior to the time it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge to the jury.

Intangible assets - Nonphysical items which have value, such as stock certificates, bonds, bank accounts, and pension benefits. Intangible assets must be taken into account in estate planning and divorce.

Interlocutory - Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit.

Interpleader ? An action in which a third person asks the Court to determine the rights of others to property held?but not owned?by the third person.

Information - An accusation against a person for a criminal offense, without an indictment; presented by the prosecution instead of a grand jury. Informations are used for felony charges, not misdemeanors.

Infraction - A violation of law not punishable by imprisonment. Minor traffic offenses generally are usually considered infractions.

Hung jury - Jury unable to reach a verdict. A trial ending in a hung jury results in a retrial with a new jury.

Immunity - A grant by the court assuring someone that they will not face prosecution in return for their providing criminal evidence.

Impeachment of a Witness - An attack on the credibility believability of a witness, through evidence introduced for that purpose.

Joint Tenancy - A form of legal co-ownership of property also known as survivorship . At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife.

Judge - An elected or appointed public official w

Inheritance Tax - A state tax on property that an heir or beneficiary under a will receives from a deceased person?s estate. The heir or beneficiary pays this tax.

Patent - A government grant giving an inventor the exclusive right to make or sell the invention for a term of years.

Penalty Assessment - Procedure in which traffic offender is allowed to mail in a fine plead guilty by mail . Points may be assessed against the person's driving record for penalty assessment offenses.

Peremptory Challenge - The right to challenge a judge or prospective juror without assigning a reason for the challenge.

Perjury - The criminal offense of making a false statement under oath.

Extradition - Surrender by one state to another of a person accused or convicted of an offense outside its own territory and within territorial jurisdiction of the other, with the other state which is competent to try him her, demanding his her surrender.

Extrinsic - Foreign, from outside sources.

Family Allowance - A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.

Felony ? A crime that allows a defendant to be imprisoned for more than one year upon being found guilty.

Fiduciary - A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other?s benefit: i.e., a guardian, trustee or executor.

Pre-Sentence Report - A report designed to assist the judge in passing sentence on a convicted defendant. Such reports should contain at least the following: complete description of the situation surrounding the criminal activity; offender's educational background; offender's employment background; 4 offender's social history; 5 residence history of the offender; 6 offender's medical history; 7 information about environment to which the offender will return; 8 information about any resources available to assist the offender; 9 probation officer's view of the offender's motivations and ambitions; 0 full description of the offender's criminal record.

File - To place a paper in the official custody of the clerk of court court administrator to enter into the files or records of a case.

Filed in Open Court - Court documents entered into the file in court during legal proceedings.

Interrogatories - Written questions asked by one individual in a lawsuit for which the opposing individual must provide written answers.

Intervention - An action by which a third person that may be affected by a lawsuit is permitted to become a individual to the suit.

Inter Vivos Gift - A gift made during the giver?s life.

Oral Argument - An opportunity for lawyers to summarize their positions before the court and also to answer the judges? questions.

Order - A written or oral command from a court directing or forbidding an action.

Ordinance ? A law adopted by the governing body of a municipality or county.

Overrule - A judge?s decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error

Parens Patriae - The doctrine under which the court protects the interests of a juvenile.

Parol Evidence ? Oral evidence.

Parol Evidence Rule ? When a written agreement is intended to be a complete and final document, then the terms of the agreement cannot be altered by evidence of oral parol agreements that purport to change, explain, or contradict the written agreement.

Parole - The supervised conditional release of a prisoner prior to the expiration of his her sentence. If the parolee observes the conditions, he she need not serve the rest of his her term.

Individual - A person, business, organization or government agency involved in the prosecution or defense of a legal proceeding.

Inter Vivos Trust - Another name for living trust.

Intestacy Laws - See Descent and Distribution Statutes.

Intestate - Dying without having a will.

Intestate Succession - The process by which the property of a party who has died without a will passes on to others according to the state?s descent and distribution statutes. If someone dies without a will and the court uses the state?s intestate succession laws, an heir who receives some of the deceased?s property is an intestate heir.

Invoke the Rule - Separation and exclusion of witnesses other than parties from the courtroom.

Irrevocable Trust - A trust that, once it is set up A grantor CAN not revoke.

Joint and Several Liability - A legal doctrine that makes each of the parties who are responsible for an injury liable for all the damages awarded in a lawsuit if the other responsible parties cannot pay.

Offeror ? The person making an offer.

Opening Statement - The first statement made by lawyers for each side, outlining the facts each intends to establish during the trial.

Opinion - A judge?s written explanation of the decision of the court or of the majority of judges. A dissenting opinion opposes the majority opinion because of the reasoning and or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers different reasoning. A per curiam opinion is an unsigned opinion of the court.

Judgment and Sentence - The official document of a judge?s disposition of a case committing a defendant to prison.

Judicial Review - The authority of a court to correct the official actions of other branches of government.

Jurat - Certificate of officer or person who administered an oath.

Jurisdiction - The court?s legal power to hear and resolve specific disputes. Jurisdiction is usually composed of personal jurisdiction over persons and subject matter jurisdiction over types of cases.

Jurisprudence - The study of the structure of the legal system. And the law.

Habeas corpus Latin, meaning you have the body. A writ of habeas corpus is usually 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.

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.

Inculpatory evidence Evidence indicating that a defendant did commit the crime.

Felony A serious crime, usually punishable by at least one year in prison. of a jury and the public. In private.

Transcript A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.

Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Substantial abuse The characterization of a bankruptcy case filed by an individual whose debts are primarily consumer debts where the court finds that the granting of relief would be an abuse of chapter 7 because such as the debtor can pay its debts.

Offer ? An expression of willingness to enter into a bargain that is definite and certain in its terms and that is communicated to the offeree. Once accepted, the offer is transformed into a contractual obligation.

Offeree ? The person to whom an offer is made.

First Appearance - The initial appearance of an arrested party before a judge to determine whether or not there is probable cause for his her arrest. Generally, the person comes before a judge within hours of the arrest. Also called initial appearance.

Foundation - Preliminary questions to a witness to establish admissibility of evidence; i.e., laying a foundation for admissibility.

Fraud - Intentional deception to deprive another person of property or to injure that person in some way.

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

Substantive consolidation Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.

Summary judgment A decision made on the basis of statements and evidence presented for a record without a trial jack hyatt. It is used when it is not necessary to resolve any factual disputes in the case.

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.

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 the debtor's status after bankruptcy free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code.

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.

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

Supervised release Term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of asentence of imprisonment but is in addition to any time spent in prison. U.S. probation officers supervise people on supervised releas eack hyatt,

Bankruptcy petition A formal request for the protection of the federal bankruptcy laws. There is an official form for bankruptcy petitions.

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

Offeror ? The person making an offer.

Opening Statement - The first statement made by lawyers for each side, outlining the facts each intends to establish during the trial.

Opinion - A judge?s written explanation of the decision of the court or of the majority of judges. A dissenting opinion opposes the majority opinion because of the reasoning and or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers different reasoning. A per curiam opinion is an unsigned opinion of the court.

Judgment and Sentence - The official document of a judge?s disposition of a case committing a defendant to prison.

Judicial Review - The authority of a court to correct the official actions of other branches of government.

Jurat - Certificate of officer or person who administered an oath.

Default Judgment - A judgment rendered because of the defendant?s failure to answer or appear.

Judgment Notwithstanding the Verdict ? Judgment entered by order of the court for one individual notwithstanding the jury?s verdict in favor of the other individual. A judgment notwithstanding the verdict may only arise after a motion for a directed verdict.

Judgment on the Pleadings ? Judgment based on the pleadings alone. It is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law.

Summary Judgment - Judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. As with Judgment on the Pleadings, it is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law.

Objection - The process by which one individual tries to prevent the introduction of evidence or the use of a procedure at a hearing. An objection is either sustained allowed or overruled by the judge.

Offense - A violation of a municipal ordinance or some state statute.

Jurisdiction - The court?s legal power to hear and resolve specific disputes. Jurisdiction is usually composed of personal jurisdiction over persons and subject matter jurisdiction over types of cases.

Jurisprudence - The study of the structure of the legal system. And the law.

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.

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

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.

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 of a jury and the public. In private.

Inculpatory evidence Evidence indicating that a defendant did commit the crime,jack hyatt,

Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies jack hyatt,.

Substantial abuse The characterization of a bankruptcy case filed by an individual whose debts are primarily consumer debts where the court finds that the granting of relief would be an abuse of chapter 7 because, for example, the debtor can pay its debts.

Substantive consolidation Putting the assets and liabilities of two or more related debtors into the single pool to pay the creditors. Courts are sometimes reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result. <

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

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.

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

Insider of corporate debtor A director, officer, or person in control of the debtor or 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, jack hyatt,

Insider of individual debtor Any relative of the debtor or of a general partner of the 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 as 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.

Bankruptcy trustee A private individual or corporation appointed in all Chapter seven and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors, jack hyatt,.

Bench trial A trial without a jury, in which the judge serves as the fact-finder.

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.

Supervised release Term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison. U.S. probation officers supervise people on supervised release.

Bankruptcy petition A formal request for the protection of the federal bankruptcy laws. There is an official form for bankruptcy petitions.

Bankruptcy trustee A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors.

Bench trial A trial without a jury, in which the judge serves as the fact-finder.

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.

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

A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors. 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.

Statutory Construction - Process by which a court seeks to interpret the meaning and scope of legislation. P>Brief A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.

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. See standard of proof.

Temporary restraining order Akin to a preliminary injunction, it is the judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.

Testimony Evidence presented orally by witnesses during trials or before grand juries.

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.

Statutory Law - The body of law enacted by the legislative branch of government, as distinguished from case law or common law. Supra - Latin for above.

A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims. while acting as a fiduciary. Objection to exemptions Stay - A court order halting a judicial proceeding.

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 evidence and statements set forth 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 different law.

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.

RESOURCES

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