Typically, the judge and the parties also discuss the possibility of settlement of the case. Objection to dischargeability A trustee’s or creditor’s objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor’s fraud while acting as a fiduciary. Chapter 7 The chapter of the Bankruptcy Code providing for “liquidation,” that is, the sale of a debtor’s nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must satisfy a “means test.” The court will evaluate the debtor’s income and expenses to determine if the debtor may proceed under Chapter 7. Chapter 13 The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a “wage-earner” plan. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.
Type in Basic Search Terms – Again, Facts + Law + Issue (ex. show an example)
The estate technically becomes the temporary legal owner of all of the debtor’s property. Adversary proceeding A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a “trial” that takes place within the context of a bankruptcy case. Read more about Legal terminologies here. California laws banning unlicensed people from openly carrying handguns in public are under greater legal threat after a court decision Thursday. Law court a place where people accused of crimes are tried and legal disagreements between people are judged.
Defendant An individual against whom a lawsuit is filed. Contingent claim A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person’s loan and that person fails to pay. Consumer debts Debts incurred for personal, as opposed to business, needs. Community service A special condition the court imposes that requires an individual to work – without pay – for a civic or nonprofit organization. Brief A written statement submitted in a trial or appellate proceeding that explains one side’s legal and factual arguments.
Restatement of Contracts
By Editor in Chief Bryan A. Garner, the world’s leading legal lexicographer, the 11th edition is the most authoritative, comprehensive law dictionary ever published. Witness A person called upon by either side in a lawsuit to give testimony before the court or jury.
Get more accurate and efficient results with the power of AI, cognitive computing, and machine learning. HighQ A business management tool for legal professionals that automates workflow. Simplify project management, increase profits, and improve client satisfaction. Find plain-English definitions for legal terms by browsing Nolo’s Plain-English Law Dictionary. You can also purchase Nolo’s Plain-English Law Dictionary as a downloadable eBook or as a paperback. Writ A written court order directing a person to take, or refrain from taking, a certain act.
If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion.
Why Use a Legal Dictionary?
In Shannon Fernandez’s case, her divorce was finalized in 2007. It awarded her with a percentage of her former husband’s retirement benefits. The disability retirement pay commenced when her husband became disabled. He received service-connected disability retirement benefits from 1993 until 2007. This dividing line may sound simple, and it can be. Yet there are many tax disputes over these kinds of issues. Then, when you combine several tax rules, the complexity gets worse.