Experienced Chapter 13 Attorney
A Chapter 13 usually remains open for a period of 3 to 5 years. The length of the case depends upon the amount required to pay off the remaining debt. These standars are defined in the bankruptcy code.
Drafting a Chapter 13 plan requires skill and experience. In addition to knowing what the disposable income is, there are cases that provide guidelines how a Chapter 13 plans requires in order to be confirmed.
A Chapter 7 Bankruptcy case is a bankruptcy case in which the debtor typlically does not make payments to a court appointed trustee. Another name for a Chapter 7 case is called a liquidation case. In this type of case, the trustee takes all of the non exempted assets to sell to pay the creditors. In many cases, all of the assets are exempt so no sale actually takes place. To make this determination, the value of all of the debtor's assests must be evaluated with the available asset statutes.
Bankruptcy is a procedure in which 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 with the court.
The Trustee is in charge of the hearing. After the debtor is sworn in, the Trustee asks a series 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 of 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 wants 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.
Before you actually file a Chapter 13 case, you may wish to have an experienced lawyer review your monthly income and expenses to determine if a Chapter 13 plan can e confirmed. Many people file for Chapter 13 and make payments to a mortgage company and to a Chapter 13 Trustee which can result in no benefit unless the Chapter 13 plan is confirmed. The reason is that in many instances the payments made will no be refunded and which can reuslt in a loss of real estate they are seeking to protect.
Typing service - in bankruptcy practice, a business not authorized to practice law that prepares bankruptcy petitions.
Undue hardship -- inability to support a basic standard of living.
Transcript -- word-for-word recording of a judicial proceeding.
Trustee -- in bankruptcy, a court official who acts for the benefit of unsecured creditors.
Chapter 7 Trustee - Officer of the bankruptcy court who sells property belonging to the estate and makes distributions to creditors.
Chapter 13 Trustee- Trustees in chapter 12 and 13 carry out the same functions as chapter 7 trustees and oversee the debtor's program, receiving payments from debtors, and disbursing idea payments to creditors.
Sua sponte -- court acting on its own initiative, such as a court ruling sua sponte without a motion by a party. '
Transfer -- Any means by which a debtor disposes of his or her property.
Hearsay testimony given by a witness who did not personally see or hear the action described. With a few exceptions, such as a dying declaration or a statement against interest, hearsay generally is not permissible as grounds at trial, jack i. hyatt,. on.
Plaintiff party bringing an action '
Plan A chapter 13 debtor's detailed schedule to pay creditors' claims over a period of time.
Plea Answer to a criminal charge. '
Home confinement requirement that a person remain at home except for positive authorised activities specified as product and examination appointments. Place confinement may include the use of electronic monitoring equipment - a sender involved to the wrist or the ankle - to provide secure that the somebody stays at domestic as required.
Debts assumed after a bankruptcy will not be discharged.
Concealing a debtor 's goods to defraud the bankruptcy trustee is a criminal offense.
Status offenders - Juvenile delinquents. Youths charged with the status of being beyond the control of their legal guardian. Also referred to as minors or children in need of supervision
Petit jury or trial jury A group of citizens who hear evidence presented by both sides at trial to determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.
Petition The document that begins the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities.
Petty offense A federal misdemeanor punishable by six months or less in prison, jack i. hyatt,
Transfer cases - Cases going from one court or one jurisdiction to another.
Plaintiff A business or person that files a formal complaint with the court.
Plan A debtor 's detailed proposal to pay creditors ' claims over a fixed period of time.
garnishment - process by which property, such as wages or bank accounts, may be intercepted by a creditor. Bankruptcy proceedings can stop garnishments immediately.
Plea In a criminal case, the defendant 's position guilty or not guilty in answer to the charges. See also nolo contendere.
Pleadings Written statements filed with the court that describe a party 's legal or factual assertions about the case.
Class action A lawsuit in which one or more members of a large group, or class, of individuals sues on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.
Opinion A judge 's written explanation of the decision of the court.
Voir dire Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. Third-Party Claim - An action by the defendant introducing a third party into a lawsuit.
the grantor manages the belief.
Searches related to chapter 13 bankruptcy plan payments
chapter 13 bankruptcy payments too high. When chapter 13 payments are too high due to a change in circumstances, such as loss of a job, the debtor may request a modification.
defaulting on chapter 13 bankruptcy payments will result in the termination of the bankruptcy
chapter 13 bankruptcy car payments many people retain a financed car and make their payments outside the plan
chapter 13 bankruptcy payments tax deductible any payments that would be tax-deductible outside a chapter 13 plan are deductible if paid through the plan.
chapter 13 bankruptcy payment calculator is a tool that enables you to calculate your payments under chapter 13.
chapter 13 bankruptcy payment increase your payments may change as your debt is paid down, so that if your car is paid off before the termination of the plan, your payments will increase.
chapter 13 bankruptcy payment address will be provided to you at the time of your filing.
chapter 13 bankruptcy payment rules will be provided to you.
Searches related to chapter 13 bankruptcy plan
chapter 7 bankruptcy plan may make a partial payment on your debt if you have assets.
chapter 11 bankruptcy plan is a reorganization plan for very large businesses.
debt consolidation plan is not necessarily a bankruptcy.
chapter 13 bankruptcy repayment plan provides for repayment of a portion of the debt over a period of time.
chapter 13 rules will be explained to you at the time of filing.
chapter 13 bankruptcy trustee payments are mailed to the bankruptcy trustee.
chapter 13 bankruptcy trustee website each bankruptcy trustee maintains a website.
chapter 13 bankruptcy trustee salary is paid by the Federal government.
chapter 13 bankruptcy trustee fees are built into the bankruptcy plan.
chapter 7 bankruptcy trustee supervises the chapter 7 bankruptcy filing.
chapter 11 bankruptcy trustee oversees the chapter 11 bankruptcy.
Summary Juegment - Judgment rendered on the basis of pleadings, affidavits, and exhibits presented for the enter 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 party is entitled to a judgement as a matter of law.
Objection - The process by which one party opposes some action by the other party. An objection is either sustained or overruled by the judge.
Offense - A violation of some statute. Unenforceable contract - A contract may be unenforceable when some premise prevents the performance of the contract, such as when the agreement violates the Statute of Frauds or the Statute of Limitations has passed.
UCC - Uniform Commercial Code. The UCC applies to sales of goods by persons engaged in that particular trade.
Wrongful Enrichment - unjust benefit to a party in a dispute.
Illegal search - Questioning or inspection of premises or persons without authorisation of the law and in violation of the Fourth Amendment to the U.S. Constitution.
Locale - The position in which continuation is brought. Scene is ordinarily straightlaced in the county of the litigant 's abode or in the county in which the doings is supposed to love been pledged.
Vested - Pure, concentrated, resettled , accrued, unconditioned.
Verdict - The findings of a adjudicator or committee mass a test.
Voidable Bridge - A legal change that a lot may adjudge. A hire prefabricated by a secondary is voidable by the modest or his or her valid guardian.
Waive - To relinquish a right voluntarily, such as the right to an attorney.
Waiver - In extradition proceedings, an abandonment of a hearing in which a defendant voluntarily submits to pick-up by a different state.
Indigent - Needy or impoverished. A defendant who can establish his or her pauperism to the court may be assigned a court-appointed professional at no cost
Initial pretending - Appearance before a judge within hours of arrest to determine whether or not there was probable cause for his or her arrest.
Parole. Supervision following a termination of incarceration. The court imposes parole during sentencing in addition to the sentence of incarceration.
Temporary restraining request Same to a preliminary enjoining, it is a official 's short-term organisation unpleasant foreordained actions until a untasted chance can be conducted. Ofttimes referred to as a TRO.
Innocuous wrongness - An incorrectness pledged during a run that was rectified or was not grave sufficiency to concern the outcome of a visitation and therefore was not sufficiently damaging prejudicial to be reversed on invoke.
Trial - Communication of any payoff of fact or law before a capable tribunal to influence the rights of the parties.
Transcript - A handwritten fact of what was said in a proceeding.
Waiver of Discharge ~ A substance canonized by written by which a utterer, before testifying or producing grounds, may give the reactionary to refuse to inform against himself or herself, thereby making it attemptable for his or her evidence to be utilised against him or her in prox transactions. Warrantless Activity - Examination of a somebody or premises without first obtaining a assurance. Warrantless searches may be lawful low such minor circumstances as an pinch, hot motion, react, or danger of straightaway finish of evidence. Warranty - A sanctioned outlook that predestinate facts are accurate. Leave - A juristic papers guiding the temperament of a organism 's holding when that soul dies. Surety - A room dictate authorizing law enforcement officers transmit a hunt or to urinate an check. An affidavit in resource of a back must posit the facts upon which the content is based in ordering to ground probable cause. m term
Instrument ~ A printed accusal by a noble jury charging a individual with a crime
Enactment of Limitations - The indication within which the plaintiff staleness solon a proceedings in subject cases or a official staleness wreak charges in reprehensible cases . There are varied statutes of limitations at both the northerner and verbalise levels for disparate kinds of lawsuits or crimes.
Statute - Law passed by a legislative body declaring rights and duties, or high or prohibiting predestinate convey. Trustor - Settlor, grantor, one who establishes a trust.
Interlocutory - temporary; interim; provisional; not final
In camera Latin, meaning outside the presence of a jury and the public. in a judge 's chambers. P>Unlawful detainer action A lawsuit brought by a landlord against a tenant to evict the tenant from rental property - usually for nonpayment of rent.
Unliquidated claim A claim for which a specific value has not been determined.
Venue The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.
Verdict The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.
Unenforceable Contract - A valid contract may be unenforceable when some condition prevents the formation of the contract, such as when the contract violates the Statute of Frauds or the Statute of Limitations has passed.
UCC - Uniform Commercial Code. The UCC applies to the sale of goods to or by a merchant
Unjust Enrichment - Unfair profit gained at the expense of another so that principles of equity and justice require the return of or or payment for the property or benefits received.
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
Collateral Property that is promised as security for the satisfaction of a debt.
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 time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.
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.
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.
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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; offender 's social history; residence history of the offender; offender 's medical history; information about environment to which the offender will return; information about any resources available to assist the offender; probation officer 's view of the offender 's motivations and ambitions; 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 certain files or records of a case.
Filed in Open Court - Court documents entered into the file in court during legal proceedings.
Final Order ? An order that ends the lawsuit between the parties, 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.
First Appearance - The initial appearance of an arrested person 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; laying a foundation for admissibility.
Fraud - Intentional deception to deprive another person of property or to injure that person in some way.
General jurisdiction - Refers to courts that have no 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 good behavior. It usually is one third to one half of the maximum sentence
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.
U.S. attorney A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government 's attorneys in individual cases. Jck I. Hyatt was a former assistant state's attorney
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 lawyer at public expense in criminal and child abuse neglect cases, but not in other civil cases.
U.S. trustee An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors ' committees; monitoring fee applications; and performing other statutory duties.
Undersecured claim A debt secured by property that is worth less than the amount of the debt.
Writ of certiorari
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 in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.
Felony A serious crime, usually punishable by at least one year in prison.
File To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
Pleadings Written statements filed with the court that describe a party 's legal or factual assertions about a case.
Class action A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.
Clerk of court The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk 's office is often called a court 's central nervous system,
Collateral Property that is promised as security for the satisfaction of a debt.
Impeachment is the process of calling a witness 's testimony into doubt. As a prime example if an lawyer 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.
Fruit of the Crime - Property acquired by means and in consequence of the commission of the crime, and sometimes constituting the subject matter of the crime.
Fruit of the Poisonous Tree ? Evidence obtained through an illegal search or interrogation.
Permanent Injunction - A court order requiring that some action be taken or that some individual refrain from taking action for an indefinite period.
Personal Jurisdiction - Power which a court has over the defendant 's person and which a court must have before it can enter a judgment affecting the defendant 's rights.
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.
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 most of the time. 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. Jack I. Hyatt was a former probation officer
Patent - A government grant giving an inventor the exclusive right to make or sell his her 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 of the own territory and within territorial jurisdiction of the other, with the other state which is competent to try him her, demanding his her surrender. ird person.
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.
Eminent Domain - Power of the government to take private property for public use through condemnation.
En Banc ? The complete set of judges of a court..
Endorsed - Stamped with the date and time of filing with the court. n.
Exclusionary Rule - Rule preventing illegally obtained evidence from being used in a trial.
Promissory Estoppel ?Principle allowing the court to enforce a promise even though a valid contract was not formed. Promissory estoppel applies when a person reasonably acted in reliance on that promise. Promissory Estoppel allows the court to compensate recipient for his or her expenditures and or to avoid the unjust enrichment of the other individual.
Property Bond - Bond secured by mortgage or real property.
Pro Se - On one?s own behalf. Pro-se usually refers to a individual representing himself or herself in a court action, instead of being represented by an lawyer.
Prosecutor - Trial lawyer representing the government in a criminal case. In criminal cases, the prosecutor has the responsibility to decide who and when to prosecute.
Proximate Cause - Act that caused an event to occur. A person generally is liable only if an injury was proximately caused by his or her actions or by his or her failure to act when he she had a duty to act.
Execute - Complete legal requirements that make a will valid.
Executor - Personal representative who administers an estate.
Probable Cause ?Evidence required before a person or property may be searched or seized by law enforcement and before a search or arrest warrant may be issued.
Probable Cause to Arrest exists when the facts and circumstances within the officers? knowledge and of which the officers had reasonably trustworthy information are sufficient to warrant a person of reasonable caution to believe that the suspect has committed or is committing a crime.
Probable Cause to search exists when the facts and circumstances within the officers? knowledge and of which the officers had reasonably trustworthy information are sufficient to warrant a person of reasonable caution to believe that evidence of a crime will be found in the location identified.
Probate - The court-supervised process by which a will is determined to be the will-maker?s final statement regarding how the will maker wants his her property distributed. It also confirms the appointment of the personal representative of the estate.
Ex Post Facto - After the fact. The Constitution prohibits the enactment of ex post facto laws. These are laws that permit conviction and punishment for an act that was lawful at the time it was performed.
Express Warranty - An affirmation of fact or promise made by the seller to the buyer that is relied upon by the buyer in agreeing to the contract.
Expungement - Official and formal erasure of the record or partial contents of a record.
Exempt Property ? Property protected by law from seizure by creditors.
Exhibits ?Document or item which is formally introduced in court and which, when accepted, is made part of the case file.
Exigent Circumstances ? A need for immediate action that, forexample, would justify a warrantless search to avoid the destruction of evidence.
Exonerate - vindicate.
Preliminary Injunction - Entourage rule requiring proceedings or alarming activeness until a judgement can be prefab whether to supply a lasting enjoining. It differs from a temporary restraining rule.
Pre-Sentence Investigation - A panorama investigation of the suspect by the Division of Corrections, revertible to the sentencing adjudicate on or before a definite date.
Fugitive - A somebody who flees from one propose to another to refrain continuance.
Garnishment - A eligible proceeding in which a debtor 's money, which is in the resoluteness of added called the attach , is applied to the debts of the debtor, specified as when an employer garnishes a debtor 's consequence.
General Amends - Correction for the red flat and necessarily incurred by a breach of lessen.
Extrinsic - Unnaturalised, from unlikely sources.
Family Margin - A dinky total of money set aside from the acres of the deceased. Its firmness is to cater for the extant members during a medication of the class.
Ex Parte - On behalf of only one party, without notice to any other party. A request for a search warrant is an ex parte proceeding, inasmuch as the person subject to the search is not notified of the proceeding and is not notified of the hearing.
Ex Parte Communication ? Communication between a judge and one party when the absent individual did not have notice. Jack I.. Hyatt can examine your chapter 13 plan.
Ex Parte Proceeding - Legal procedure in which only party is present. An ex part proceeding differs from an adversary proceeding, and is only available in limited circumstances, such as the hearing for a temporary restraining order.
Principal - Person primarily liable.
Privilege - Right held by a person or class beyond the course of law, such as the privilege against self-incrimination under the Fifth Amendment.
Extenuating Circumstances - Circumstances that render a crime less aggravated, heinous, or reprehensible than it would otherwise be.
Points or Mark Content - Penalty points imposed by the Causative Vehicles Discord after sentence of a reciprocation offense.
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Knowledgable Representation
Jack I. Hyatt, Attorney at Law
A.A. B.S. M.S. J.D.
"Our objective is to get your chapter 13 plan approved by the court getting you the lowest available trustee payment.
443-681-0781 Jack I. Hyatt
Jack I. Hyatt Attorney
Jack I. Hyatt Lawyer