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Affordable Bankruptcy Lawyer
Jack I. Hyatt

Hardship and Difficult Cases Accepted
Low Fees-Payment Plans-Evening & Weekend Appointments
Free Telephone Consultation 443-681-0781 24/7

Affordable Fees - Payment Plans - Hardship and Difficult Cases Accepted

Bankruptcy is a proceeding in which a debtor seeks to discharge or eliminate debts. In a chapter 7 Bankruptcy, the debtor seeks to have all of the debts that can be discharged to be eliminated. A person called a Trustee is apponted by the court to oversee the proceeding. In a Chapter 7 there is at least one hearing called a meeting of creditors. This hearing is usually held approximatly four to five weeks after the case is filed.

The Trustee is in charge of the hearing. After the debtor is sworn in, the Trustee asks a battery of questions that deals with the debtor's assets, liabilities, income and expenses.

The second most utilitzed type of bankruptcy is called a reorganization proceeding or a chapter 13 proceeding. In a Chapter 13 proceeding, the debtor files a list on current income and expenses and a plan to devote disposable income that is sent to a Trustee.

The Trustee makes payments to the creditors during the life of the Chapter 13 Plan.

A Chapter 7 Bankruptcy is the most frequent type of Bankruptcy that is filed. In a Chapter 7 case, the debtor seeks to have all of the debts discharged or eliminated.

In a Chapter 11 case, the debtor becomes a debtor in possession and attempts to reorganize debts. Chapter 11 cases are usually utilitzed by businesses although individual persons can also file Chapter 11 cases.

A Chapter 13 case is also referred to as a wage earner plan in which the debtor makes payments to a Chapter 13 Trustee that makes distributions under the Chapter 13 Plan.

Helpful Legal Terms

Federal Unemployment Tax - A tax levied on employers based on employee wages paid.

Felony - A serious criminal offense. Under federal law any offense punishable by death or imprisonment for a term exceeding one year.

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

Food and Drug FDA - A federal agency which sets safety and quality standards for Administration food, drugs, cosmetics, and household substances.

Fiduciary - A person or institution who manages money or property for another and who must exercise a standard care imposed by law, aspersonal representative or executor of an estate, a trustee, .

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

Filing Fee - The fee required for filing various documents

Testimony - The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Third Party - A person, business, organization or government agency not actively involved in a legal proceeding, agreement, or transaction, but affected by it.

Trust Agreement or Declaration - The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Trustee - The person or institution that manages the property put in trust.

Trustor - Grantor, settlor; one who establishes a trust.

Time served - Actual number of days already served in jail on a charge or offense before conviction.

Title - Legal ownership of property, usually real property or automobiles.

Tort - An injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual, jack i.hyatt but not founded in a contract. The most common tort action is a suit for personal and/or property damages sustained in an automobile accident.

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

Transfer cases - Cases going from one court or one jurisdiction to another.

Trial - Examination of any issue of fact or law before a competent court to determine the rights of the parties.

Judge - A presiding officer of the court

Judgment - The authentic and official decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination

Foreclosure - A court proceeding upon default in a mortgage to vest title in the mortgagee

Forfeiture - A legal action whereby a contract purchaser following default loses all his interest in the property

Insolvent - When the total debt of an entity is greater than all of its property

Instructions - Judge's explanation to the jury before it begins deliberations of the question it must answer and the applicable law governing the case

Standing - The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit

Status offenders - Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult, i.e., smoking. Also referred to as minors or children in need of supervision

Statute - Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature

the law

Interlocutory - Temporary; provisional; interim; not final

General jurisdiction - without limit on the types of criminal and civil cases they may hear

Good time - A reduction in sentenced time in prison as a reward for jack i.hyatt good behavior. It usually is one third to one half of the maximum sentence

Government Printing Office - The federal agency in charge of binding, printing, and selling of all government communications

Grand Jury - A jury of inquiry whose duty it is to receive complaints and accusations in criminal matters and if appropriate issue a formal indictment

Grantor - The person who sets up a trust.

Grievance - In labor law a complaint filed by an employee regarding working conditions to be resolved by procedural machinery provided in the union contract. An injury, injustice, or wrong which gives ground for complaint.

Habeas corpus - The name of a writ to bring a person before a court.

Harmless error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful prejudicial to be reversed on appeal.

Guardian - A person appointed by law or by will to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably 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 or herself.

Fraud - A false representation of a matter of fact which is intended to deceive another jack hyatt

Garnishment - A legal proceeding in which a debtor's money, in the possession of another called the garnishee is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages

Statute of frauds - A statutory requirement that certain contracts must be in writing

Statute of limitations - A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue

Indictment - A written accusation by a grand jury charging a person with a crime

Indigent - Needy or impoverished. A defendant who can demonstrate his or her indigence to the court may be assigned a court-appointed attorney at public expense

Initial appearance - The defendant comes before a judge within hours of the arrest to determine whether or not there is probable cause for his or her arrest

Immigration and Naturalization Service - A federal agency which regulates immigration and naturalization of aliens

Immunity - Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence

Impeachment - A criminal proceeding against a public official

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

Implied contract - A contract not created or evidenced by the explicit agreement of the parties but one inferred by law; as the use of electric power in your home implies a contract with the light company

Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence

Incapacity - Lack of legal ability to act; disability, incompetence; lack of adequate power

Incarceration - Imprisonment in a jail or penitentiary

Information - Accusatory document, filed by the prosecutor, detailing the charges against the defendant. An alternative to an indictment, it serves to bring a defendant to trial

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

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

Injunction - A prohibitive order or remedy issued by the court at the suit of the complaining party, which forbids the defendant to do some act which he is threatening or attempting to do. Conversely, it may require him to perform an act which he is obligated to perform but refuses to do

Insolvent - When the total debt of an entity is greater than all of its property

Instructions - Judge's explanation to the jury before it begins deliberations of the question it must answer and the applicable law governing the case

Standing - The legal right to bring a lawsuit. Only a person with something at stake has jack i.hyatt standing to bring a lawsuit jack hyatt

Status offenders - Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult, i.e., smoking. Also referred to as minors or children in need of supervision

Statute - Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature

the law

Interlocutory - Temporary; provisional; interim; not final

Internal Revenue Service IRS - The federal agency which administers the tax laws of the United States

Statutory - Relating to a statute; created or defined by a law

Third-Party Claim - An action by the defendant that brings a third party into a lawsuit. Trial by Jury - Trial by a body of persons selected from the citizens of a jack hyatt particular district and brought before the court where they are sworn to try one or more questions of fact and determine them by their verdict.

Trial de Novo - A retrial in district court that is conducted as if no trial had occurred in the lower court.

True Bill - A finding by a grand jury that there is sufficient evidence to warrant a criminal charge; allows trial to proceed. An indictment.

True Copy - An exact copy of a written instrument.

Incompetent - One who lacks ability, legal qualification, or fitness to manage his own affairs

Independent executor - A special kind of executor, permitted by the laws of certain states, who performs the duties of an executor without intervention by the court

Indeterminate sentence - A sentence of imprisonment to a specified minimum and max

Interrogatories - A set or series of written questions propounded to a party, witness, or other person having information or interest in a case; a discovery device

Interstate Commerce ICC - A federal agency which regulates all transportation in Commission interstate commerce

Intervention - An action by which a third person who may be affected by a lawsuit is permitted to become a party to the suit

Involuntary bankruptcy - A proceeding initiated by creditors requesting the bankruptcy court to place a debtor in liquidation

Issue - The disputed pint in a disagreement between parties in a lawsuit. 2. To send out officially, as in to issue an order.

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 parties responsible cannot pay

Joint tenancy - A form of legal co-ownership of property jack hyatt 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

Judgment debtor - One who owes money as a result of a judgment in favor of a creditor

Judicial lien - A lien obtained by judgment or other judicial jack i.hyatt process against a debtor

roceedings, the pretrial release of a defendant without bail upon his or her promise to return to court. (See also recognizance.)

Personal representative - The person who 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.

Person in need of supervision - Juvenile found to have committed a "status offense" rather than a crime that would provide a basis for a finding of delinquency.

Petitioner - The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court.

Plaintiff - A person who brings an action; the party who complains or sues in a civil action. (See complainant.)