A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.
Source: US Courts Glossary
A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.
Source: US Courts Glossary
A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.
Source: US Courts Glossary
Any relative of the debtor or of a general partner of the debtor; partnership inwhich the debtor is a general partner; general partner of the debtor; or corporation of which the debtor is a director, officer, or person in control.
Source: US Courts Glossary
A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated.
Source: US Courts Glossary
A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization.
Source: US Courts Glossary
Court action that prevents an identical lawsuit from being filed later.
Source: US Courts Glossary
Income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses.
Source: US Courts Glossary
A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
Source: US Courts Glossary
In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.
Source: US Courts Glossary
French, meaning "on the bench." All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.
Source: US Courts Glossary
Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). A separate court of "equity" could order someone to do something or to cease to do something (e.g., injunction). In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases.
Source: US Courts Glossary
The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.)
Source: US Courts Glossary
Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.
Source: US Courts Glossary
A proceeding brought before a court by one party only, without notice to or challenge by the other side.
Source: US Courts Glossary
Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.
Source: US Courts Glossary
Evidence indicating that a defendant did not commit the crime.
Source: US Courts Glossary
Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract).
Source: US Courts Glossary
Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.
Source: US Courts Glossary
Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). The availability and amount of property the debtor may exempt depends on the state the debtor lives in.
Source: US Courts Glossary
A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. (Face sheet filings are often made for the purpose of delaying an eviction or foreclosure
Source: US Courts Glossary
An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.
Source: US Courts Glossary
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.
Source: US Courts Glossary