Written statements submitted to the court outlining a party`s legal or factual allegations about the case. The chapter of the Insolvency Code, which provides for the settlement of debts of a «family farmer» or «family fisher», as defined in the Insolvency Act. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally «follow precedents,» that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Section 707(b)(2) of the Insolvency Code applies a «means test» to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. With respect to civil actions in «equity» and not in «law». In English legal history, courts of «law» could order the payment of damages and could offer no other remedy (see damages).

A separate «fairness» tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in «legal cases,» but not in «fairness» cases. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. An unsecured claim that is entitled to be paid before other unsecured claims that do not have priority. Priority refers to the order in which such unsecured claims are to be paid.

Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Imprisonment for two or more offences to be served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. PRIORITY. Go ahead; as opposed to postteriority. (S. A.) 2. He who has primacy in time has the advantage in law, is the maxim of the law; It is not that time, barely considered in itself, can make such a difference, but because all power over one person`s cause is assured, it prevents all others from obtaining title over him afterwards.

1 fonb. Eq. 320. 3. In paying debts, the United States takes precedence over the debtor if the debtor is insolvent or dies, leaving behind an insolvent estate. Precedence extends to cases where the insolvent debtor has voluntarily assigned all its assets or where its effects as a transitional or absent debtor have been attached, in which a judicial bankruptcy has been committed. 1 Kent, com. 243; 1 Intell Law. 219, 251; and the cases cited therein. 4. Among joint creditors, preference is given to the person with the oldest privilege; It is a maxim of both law and justice, which prior est tempore, potior est jure.

2 John. Cpl. R. 608. Bankruptcy; and Serg. Const. The*, Index, h.t. n. the right to stand before the rights or claims of others.

In bankruptcy law, the right of recovery before other creditors is granted to tax authorities, judgment holders, secured creditors, bankruptcy administrators and lawyers. The law may also apply to mortgages, trust deeds or liens that take precedence in the order in which they were registered (in the «courthouse race»). The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. Governmental body empowered to settle disputes.

Judges sometimes use the term «court» to refer to themselves in the third person, as in «the court read the pleadings.» The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. The study of the law and the structure of the legal system A legal preference or precedent. If two persons have similar rights to the same subject matter, but one has the right to exercise his or her right to the exclusion of the other, the latter shall be considered to have priority. In the old English law. In antiquity of the property, compared to a not so old property. Cowell.

Any relative of the debtor or a general partner of the debtor; a partnership in which the debtor is a general partner; general partner of the debtor; or a business in which the debtor is a director, officer or controller. An injunction that automatically stops lawsuits, seizures, seizures and most collection activities against the debtor as soon as a bankruptcy application is filed. A federal judge appointed for life, during «good conduct», according to Article III of the Constitution. The judges referred to in Article III shall be appointed by the President and confirmed by the Senate. Latin, which means «in law». Something that exists by law. A claim for which no specific value has been determined. As provided for in the Criminal Law Act, an organization formed within a federal judicial circuit to represent criminal accused who do not have the means to defend themselves adequately. Each organization is overseen by a federal defense attorney appointed by the county Court of Appeals. A written document prepared by the Chapter 11 debtor or other proponent of the plan intended to provide creditors with «reasonable information» to enable them to evaluate the Chapter 11 reorganization plan. A civil injustice, not a criminal one. A negligent or intentional breach of person or property, other than breach of contract.

Opposition by a trustee or creditor against the debtor`s exemption from personal liability for certain excusable claims. Common reasons are allegations that the debt to be settled arose under false pretenses or that the debt arose from the debtor`s fraud in the course of his trustee activity. A special court-imposed condition requires a person to stay home except for certain approved activities, such as work and doctor`s appointments.