Lawsuit A authorized action started by a plaintiff towards a defendant based on a grievance that the defendant failed to carry out a legal responsibility which resulted in hurt to the plaintiff. Judgment The official choice of a court finally resolving the dispute between the parties to the lawsuit. Federal question jurisdiction Jurisdiction given to federal courts in instances involving the interpretation and application of the U.S. Dismissal with prejudice Court action that prevents an similar lawsuit from being filed later.
Akin to frequent law, which springs from custom and judicial choices. Bankruptcy trustee A private particular person or company appointed in all Chapter 7 and Chapter thirteen circumstances to represent the interests of the chapter property and the debtor’s creditors.
Chapter 11 A reorganization bankruptcy, normally involving an organization or partnership. A Chapter eleven debtor normally proposes a plan of reorganization to maintain its enterprise alive and pay collectors over time. Individuals or individuals in business also can seek reduction in Chapter 11. Case regulation The regulation as established in earlier court docket selections.
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A negligent or intentional damage towards a person or property, aside from breach of contract. Statement of intention A declaration made by a chapter 7 debtor regarding plans for coping with client debts which are secured by property of the estate. Secured creditor A secured creditor is a person or enterprise that holds a declare against the debtor that’s secured by a lien on property of the estate. The property topic to the lien is the secured creditor’s collateral.
Reaffirmation agreement An agreement by a debtor to continue paying a dischargeable debt after the bankruptcy, usually for the aim of preserving collateral or mortgaged property that might otherwise be subject to repossession. With probation, as a substitute of sending a person to jail, the court releases the individual to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by sure situations. Pretrial convention A assembly of the choose and legal professionals to plan the trial, to debate which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule.
Party in curiosity A party who has standing to be heard by the court docket in a matter to be determined within the chapter case. The debtor, U.S. trustee or chapter administrator, case trustee, and collectors are parties in interest for many issues.
Typically, the decide and the parties also talk about the potential for settlement of the case. Petition preparer A business not approved to follow legislation that prepares bankruptcy petitions. Petit jury (or trial jury) A group of citizens who hear the evidence introduced by either side at trial and determine the facts in dispute. Peremptory challenge A district court docket might grant each side in a civil or legal trial the proper to exclude a sure variety of potential jurors with out trigger or giving a reason.
Wage garnishment A nonbankruptcy authorized proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the long run wages of a debtor. In other phrases, the creditor seeks to have a part of the debtor’s future wages paid to the creditor for a debt owed to the creditor. Unlawful detainer motion A lawsuit brought by a landlord towards a tenant to evict the tenant from rental property – often for nonpayment of hire. Typing service A enterprise not approved to follow regulation that prepares bankruptcy petitions.