Bankruptcy proceedings initiated to reduce or eliminate debt, which is primarily consumer debt. A district court bailiff who conducts initial proceedings in criminal cases, decides criminal cases, conducts numerous preliminary civil and criminal cases on behalf of district judges, and decides civil cases with the consent of the parties. 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. A retroactive law or decision affects things that have happened since a certain date in the past, before the law was introduced or before the special condition decision imposed by the court that requires a person to stay home, except for certain approved activities, such as work and doctor`s appointments. Home placement may include the use of electronic monitoring devices – a transmitter attached to the wrist or ankle – to ensure the person stays home as needed. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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 debt owed by the debtor in certain circumstances, such as when the debtor is a co-signer of another person`s loan and that person does not pay. 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. Chapter of the Insolvency Code that provides for “liquidation”, i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a “means test”.
The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. A debtor`s assets that can be liquidated to satisfy creditors` claims. A debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, child support or child support debt, certain taxes, debt for most government-funded or guaranteed student loans or benefit overpayments, debts for death or assault caused by driving under the influence of alcohol or drugs, and restitution debts or a penalty fine included in a judgment convicting the debtor of a crime. Some debts, such as debts of money or property obtained under false pretenses and debts for fraud or infringement by acting in trust, can only be declared uncollectible if a creditor files an unpaid share in a timely manner and wins. With respect to the parts of the legal system dealing with crime In the practice of the Court of Appeal, this means that the Court of Appeal has concluded that the decision of the lower court is correct and will remain as it was made by the lower court. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages.