The chapter of the Bankruptcy Act, which provides for «liquidation», i.e. the sale of a debtor`s unvaccinated assets and the distribution of the proceeds to creditors. To qualify for Chapter 7, the debtor must meet a «resource test.» The court assesses the debtor`s income and expenses to determine whether the debtor can proceed under Chapter 7. Guard. A person who is legally responsible for the care and management of the person or property of an incompetent person or minor. Immediate cause: 1. A cause that is legally strong enough to establish liability. 2. Something that directly causes an event and without it the event would not have happened. A special type of Chapter 11 case where there is no creditor committee (or the creditor committee is considered inactive by the court) and the debtor is subject to closer supervision by the U.S.
trustee than other Chapter 11 debtors. The Insolvency Code contains certain provisions to shorten the time it takes for a small business owner to go bankrupt. Sole custody: A court order that a parent has the right to make important decisions that affect the child, such as health care, education and religion. If the parents do not agree on a decision concerning the child, the parent with sole custody has the right to make the final decision alone. «Sole custody» does not give one parent the right to move with the child without informing the other parent, unless the court order gives that right. Verdict: 1. The judge`s final decision, which indicates which party won the case, and the terms of the decision. 2. An order of a court that decides a dispute. 3.
The official written result or the conclusion of a judge or hearing officer of an administrative authority on the rights and claims of a person in a complaint. See Disposition and Judgment. Before: 1. Before. 2. A term used to refer to a previous conviction. Amicus Curiae. (Latin: «friend of the court.») A person or organization filing a legal document with the court expressing its opinion on a case involving other parties because it has a strong interest in the subject matter of the action. Custody: Having the right and responsibility to make decisions about a child`s health, education and well-being. There are two types of custody orders: joint custody and sole custody (one parent).
Child Support Standards Act (CSA): An Act that determines the amount of child support to be paid. The bankruptcy Code`s statutory order of precedence for unsecured claims, which determines the order in which unsecured claims are paid if there is not enough money to pay all unsecured claims in full. Huntley Hearing: A hearing held to ask the court not to use the defendant`s testimony based on the idea that the testimony was obtained unlawfully. Malice. intent to mislead or deceive; deliberate refusal to fulfill a duty. Involves active ill will, as opposed to negligence. Bad faith is not bad judgment; This requires deliberate misconduct. Evidence: Any evidence lawfully presented to the court by witnesses, records and/or exhibits to prove a fact.
Alleged father: The person who is said to be the father of a child before it is medically or legally proven that he or she is the father. See genetic testing and paternity. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. Will: A legal document that lists a person`s wishes for what will happen to their personal property after their death. Garnishment on wages: 1. The legal steps to get the employer of a court debtor to withhold part of his salary in order to satisfy a judgment. 2. Money withheld by an employer to repay an employee`s debts.
Power of attorney. A written document authorizing a person to take certain legal action on behalf of the person granting the power of attorney. Domestic Violence Indicator (VVI): «FVI» means that a person has been involved in child maltreatment or domestic violence, and the location of a parent and/or child at risk of domestic violence cannot be revealed. The Federal Case Registry (FCR) uses this term to identify a person involved in a domestic violence case or order in another state. Claims Administrator. Term used for insurance companies and others who process your employees` claims. Most claims managers work for insurance companies or third-party administrators who handle claims for employers. Some claims administrators work directly for large employers who handle their own claims. Unlawful detention: 1.
If a person continues to own real estate (land, apartments, houses) that he or she is no longer allowed to use. 2. Common legal term for a case where a landlord attempts to evict a tenant on the grounds that the tenant no longer has the right to live on the property. Summons with Notice: A legal document that triggers a case and causes the other party (the defendant) to file a notice of appearance and file a complaint within a certain period of time. It indicates the reason for the action and may also have requests for appeal. Radiation. In a vehicle context, when the cost of repair is greater than the value of the vehicle. This term gives rise to the common term «sommé». Plaintiff. The party complaining or suing; the one who appeals to the court. Also called applicant. Government agency empowered to resolve disputes.
Judges sometimes use the term «court» to refer to themselves in the third person, as in «the court read the pleadings.» Subpoena: 1. A court order or subpoena telling a defendant what the charges are. It also tells the defendant to go to court and/or let bail. 2. Substitute Tribunal: The court`s process of obtaining jurisdiction over a person and informing them of the proceedings. 3. A group of numbers and letters used to find a case in a legal manual or legal reference. Incompetence: Lack of legal capacity to stand trial or testify. Due process: The government has a duty to follow the rules in court proceedings. The U.S.
Constitution guarantees due process. This means that no life, liberty or property can be taken away from a person without their day in court. Process: The legal steps used by the court to notify the parties and obtain power (jurisdiction) over them. Payroll deduction: The legal measures that can be taken to regularly deduct wages or income. Deductions are used to pay off a debt, such as family allowances. Payroll deduction is often included in a child support order. It can be voluntary (agreed) or involuntary (not agreed). Also known as «withholding income.» See Direct deduction, Distribution of profits and Withholding tax.
Tenant Insurance: Insurance that protects the tenant`s property from loss, including theft or fire. This insurance also generally protects the tenant from liability (legal liability) for claims or lawsuits brought by the landlord or others who may say that the tenant has negligently (without care) violated another person or property. Custody: The custody, control and maintenance of a child by a court. Custody may be given to a parent, but it is usually entrusted to a parent. This term is also used to describe who the child lives with. Average weekly salary. According to the calculation, the average weekly wage is the number used to determine the lost income benefits that an employee injured on the job receives under the Workers Compensation Act in Pennsylvania. There are several methods for determining the average weekly wage, and the calculation process is complex. Annulment: A lawsuit declaring that marriage was never legal due to mental health issues, incest, bigamy, too young for consent, cheating, violence or physical disability.
Also called nullity of marriage. Replacement delivery: A type of legal service. Court documents are left with someone who lives or works at the person`s address, and copies are sent to the party.