The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer" or "family fisherman," as the terms are defined in the Bankruptcy Code.
Source: US Courts Glossary
A person appointed to administer a Chapter 13 case. A Chapter 13 trustee's responsibilities are similar to those of a Chapter 7 trustee; however, a Chapter 13 trustee has the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.
Source: US Courts Glossary
The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a "wage-earner" plan. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.
Source: US Courts Glossary
The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.
Source: US Courts Glossary
A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. The trustee's responsibilities include reviewing the debtor's petition and schedules, liquidating the property of the estate, and making distributions to creditors. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate.
Source: US Courts Glossary
The chapter of the Bankruptcy Code providing for "liquidation," that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must satisfy a "means test." The court will evaluate the debtor's income and expenses to determine if the debtor may proceed under Chapter 7.
Source: US Courts Glossary
The chapter of the Bankruptcy Code providing for reorganization of municipalities (which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).
Source: US Courts Glossary
The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority
Source: US Courts Glossary
A creditor's assertion of a right to payment from a debtor or the debtor's property.
Source: US Courts Glossary
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.
Source: US Courts Glossary
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.
Source: US Courts Glossary
Property that is promised as security for the satisfaction of a debt.
Source: US Courts Glossary
The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.
Source: US Courts Glossary
A special condition the court imposes that requires an individual to work – without pay – for a civic or nonprofit organization.
Source: US Courts Glossary
A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.
Source: US Courts Glossary
Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.
Source: US Courts Glossary
Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.
Source: US Courts Glossary
A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.
Source: US Courts Glossary
Debts incurred for personal, as opposed to business, needs.
Source: US Courts Glossary
The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
Source: US Courts Glossary
An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditor committees; monitoring fee applications; and performing other statutory duties.
Source: US Courts Glossary
The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.
Source: US Courts Glossary
The bankruptcy judges in regular active service in each district; a unit of the district court.
Source: US Courts Glossary
All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor's property.
Source: US Courts Glossary