A debt secured by property that is worth less than the amount of the debt.
Source: US Courts Glossary
The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: (1) the debtor cannot maintain – based on current income and expenses – a minimal standard of living if forced to repay the loans; (2) there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans.
Source: US Courts Glossary
A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent.
Source: US Courts Glossary
A claim for which a specific value has not been determined.
Source: US Courts Glossary
A debt that should have been listed by the debtor in the schedules filed with the court but was not. (Depending on the circumstances, an unscheduled debt may or may not be discharged.)
Source: US Courts Glossary
A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.
Source: US Courts Glossary
The appellate court agrees with the lower court decision and allows it to stand. See affirmed.
Source: US Courts Glossary
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.
Source: US Courts Glossary
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.
Source: US Courts Glossary
Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.
Source: US Courts Glossary
A transfer of a debtor's property with the debtor's consent.
Source: US Courts Glossary
Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.
Source: US Courts Glossary
A person called upon by either side in a lawsuit to give testimony before the court or jury.
Source: US Courts Glossary
An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.
Source: US Courts Glossary
A written court order directing a person to take, or refrain from taking, a certain act.
Source: US Courts Glossary
A special type of chapter 11 case in which there is no creditors' committee (or the creditors' committee is deemed inactive by the court) and in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.
Source: US Courts Glossary
Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof.
Source: US Courts Glossary
A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. (There is an official form a debtor must use.)
Source: US Courts Glossary
A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.
Source: US Courts Glossary
The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.
Source: US Courts Glossary
Latin, meaning "of its own will." Often refers to a court taking an action in a case without being asked to do so by either side.
Source: US Courts Glossary
The act or process by which a person's rights or claims are ranked below those of others.
Source: US Courts Glossary
A command to a witness to appear and produce documents.
Source: US Courts Glossary
A command, issued under a court's authority, to a witness to appear and give testimony.
Source: US Courts Glossary