The document that initiates 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.
Source: US Courts Glossary
A federal misdemeanor punishable by six months or less in prison.
Source: US Courts Glossary
A person or business that files a formal complaint with the court.
Source: US Courts Glossary
A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.
Source: US Courts Glossary
In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere.
Source: US Courts Glossary
Written statements filed with the court that describe a party's legal or factual assertions about the case.
Source: US Courts Glossary
A transfer of the debtor's property made after the commencement of the case.
Source: US Courts Glossary
The arrangement (or rearrangement) of a debtor's property to allow the debtor to take maximum advantage of exemptions. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.)
Source: US Courts Glossary
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent" - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
Source: US Courts Glossary
A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the debtor's chapter 7 case.
Source: US Courts Glossary
A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.
Source: US Courts Glossary
A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.
Source: US Courts Glossary
A function of the federal courts that takes place at the very start of the criminal justice process – after a person has been arrested and charged with a federal crime and before he or she goes to trial. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.
Source: US Courts Glossary
An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.
Source: US Courts Glossary
The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full.
Source: US Courts Glossary
A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."
Source: US Courts Glossary
Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants.
Source: US Courts Glossary
An offense punishable by one year of imprisonment or less. See also felony.
Source: US Courts Glossary
An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
Source: US Courts Glossary
Not subject to a court ruling because the controversy has not actually arisen, or has ended
Source: US Courts Glossary
A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.
Source: US Courts Glossary
A request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.
Source: US Courts Glossary
A request by a litigant to a judge for a decision on an issue relating to the case.
Source: US Courts Glossary