A Chapter 13 case is call a reorganiztion case. IN a Chater 13 case the debtor proposes a plan of reorganiztion to the court. The plan is mailed to all of the creditors who have tghe opportunity to accept or reject the plan.

A hearing is held which is conducted by a chapter 13 Trustee. Consent Judgment - Occurs when the provisions and terms of the judgment are agreed on by the parties and submitted to the court for its sanction and approval. Default Judgment - A judgment rendered because of a defendant's failure to answer or appear. Judgment Notwithstanding the Verdict - Judgment entered by order of the court for one individual despite the jury's verdict in favor of the other individual. A judgment notwithstanding the verdict may only occur after a motion for a directed verdict. Judgment on the Pleadings - Judgment based on the pleadings alone. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law. Summary Judgment - Judgment given on the basis of pleadings, exhibits, and affidavits presented for the record without any need for a trial. As with Judgment on the Pleadings, summary judgment is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law. Objection - The process by which one individual tries to prevent the introduction of evidence or the use of a procedure at a hearing. An objection is either sustained allowed or overruled by the judge. Offense - A violation of a state statute or a municipal ordinance. Offer - A proposal that is definite and certain in its terms and that is communicated to the offeree. Once accepted, the offer is transformed into a contractual obligation. Offeree - Person to whom an offer is made. Offeror - Person who makes an offer. Opening Statement - The first statement made by lawyers for each side of the case outlining the facts each intends to establish during the trial. Opinion - A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the principles of reasoning and principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment or different reasoning. A per curiam opinion is an unsigned opinion of the court.'' Judgment and Sentence - The official statement of a judge's disposition of a case sentencing a defendant to prison. Judicial Review - The authority of a court to review the official actions of other branches of government. Alternatively, the authority to declare unconstitutional the actions of other branches. Asset Case. As asset case is a bankruptcy filing in which the debtor has more assets over his claimed exemptions. Automatic Stay a court order that becomes in effect at the time the case is filed which automatically prohibits creditors from taking certain actions. Jury List - A list containing the names of jurors empanelled to try a cause or containing the names of all the jurors summoned to attend court. Jury Polling - The procedure by which each individual juror is asked to affirm his or her verdict in open court at the conclusion of a trial. Jury Trial - A trial in which the jury decides the facts and the judge rules on the law. Kangaroo Court - A fraudulent legal proceeding in which a person's rights are totally disregarded and in which the result is a foregone conclusion because of the bias of the court. Knowingly and Willfully - consciously and intentionally. Bankruptcy schedules legal forms that list the debtor's income, expenses, assets, liabilities, and exemptions. Jurat - Certificate of officer or person before whom writing was sworn. Typically, jurat is used to mean the certificate of the competent administering officer that writing was sworn to by person who signed it, low cost attorney,, low cost lawyer. Reasonable Doubt - That degree of doubt that would cause a careful person to hesitate before acting in matters of importance to himself or herself.

Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.

Demanding State - The state seeking return of a fugitive.

Discovery - Investigation and gathering of information by opposing parties prior to going to trial. The tools of discovery include: interrogatories, depositions, production of documents or things, permission to enter land or other property, physical and mental examinations, and requests for admission.

Discretion - A power or right conferred on a judge to act according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others.

Dismissal - An order or judgment disposing of a case without a trial. With prejudice - In civil cases, the plaintiff is entitled to bring the same claim or cause of action again. In criminal cases, the defendant may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursued action within the six-month time limit. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant. Without prejudice - the person may be charged with the specific crime again. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues.

Escheat - The process by which a deceased person's property goes to the state if no heir can be found.

Escrow - Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third individual held in escrow until all conditions of the agreement are met.

Estate - An estate consists of personal property car, household items, and other tangible items , real property and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person's death. It does not include life insurance proceeds unless the estate was made the beneficiary or other assets that pass outside the estate like a joint tenancy asset.

Estate Tax - Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.

Estoppel - A person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary.

Et al. - And others.

Et Seq. - And the following.

Evidence - Testimony or exhibits received by the court at any stage of court proceedings.

Examination - The questioning of a witness under oath.

Exceptions - Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion or objection. These are no longer required to preserve error. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

Exclusionary Rule - The rule preventing illegally obtained evidence, such as property found during an illegal search, from being used in any trial. low cost bankruptcy lawyers near me. An internet search will list low cost bankruptcy attorneys nearby. pro bono bankruptcy lawyers in maryland. Pro bono bankruptcy lawyers represent indigent clients. how much does a bankruptcy lawyer cost. Every bankruptcy cas is different, so it is impossible to give a blanket fee. low cost bankruptcy attorneys. Low cost bankruptcy attorneys can assist you in protecting your assets. cheap bankruptcy lawyers in md. Cheap bankruptcy attorneys are available in Maryland. free bankruptcy lawyers. Free bankrupcty attorneys may be available, depending on the particulars of the case. chapter 13 bankruptcy lawyers near me. Chapter 13 bankruptcy lawyers can assist clients who are ineligible for Chapter 7. bankruptcy laws in Maryland protect debtors whose debts have become unmanageable.

Promissory Estoppel - Equitable doctrine allowing the court to enforce a promise even though a valid contract was not formed when a person reasonably acted in reliance on that promise. Promissory Estoppel allows the court to compensate the person for their expenditures and or to avoid the unjust enrichment of the other individual.

Property Bond - A signature bond secured by mortgage or real property.

Pro Se - In one's own behalf, commonly used to refer to a individual representing himself or herself in a court action, instead of being represented by an lawyer.

Prosecutor - A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.

Execute - To complete the legal requirements such as signing before witnesses that make a will valid. Also, to execute a judgment or decree means to put the final judgment of the court into effect.

Executor - A personal representative, named in a will, who administers an estate.

Exempt Property - In collection, execution, and bankruptcy proceedings, this refers to certain property protected by law from the reach of creditors.

Exhibits - A document or item which is formally introduced in court and which, when accepted, is made part of the case file.

Exigent Circumstances - An emergency, demand, or need calling for immediate action or remedy that, for instance, would justify a warrantless search.

Exonerate - Removal of a charge, responsibility or duty.

Ex Parte - On behalf of only one individual, without notice to any other individual. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.

Ex Parte Communication - Communication about a lawsuit between a judge and one individual, witness, lawyer, or other person interested in the litigation when all of the parties are not present and the absent individual did not have notice.

Ex Parte Proceeding - The legal procedure in which only one side is present or represented. It differs from the adversary system or adversary proceeding, and is only lawful in limited circumstances. For example, a hearing for a temporary restraining order.

Principal - The person primarily liable; the person for whom performance of an obligation a surety has become bound.

Privilege - A right, power, or immunity held by a person or class beyond the course of law, such as the privilege against self-incrimination under the Fifth Amendment.

Probable Cause - The evidence required before a person or property may be searched or seized by law enforcement and before a search or arrest warrant may be issued.

Probable Cause to Arrest exists when the facts and circumstances within the officers' knowledge and of which the officers had reasonably trustworthy information are sufficient to warrant a person of reasonable caution to believe that the suspect has committed or is committing a crime.

Probable Cause to search exists when the facts and circumstances within the officers' knowledge and of which the officers had reasonably trustworthy information are sufficient to warrant a person of reasonable caution to believe that evidence of a crime will be found in the location identified.

Probate - The court-supervised process by which a will is determined to be the will-maker's final statement regarding how the will maker wants his her property distributed. It also confirms the appointment of the personal representative of the estate.

Ex Post Facto - After the fact. The Constitution prohibits the enactment of ex post facto laws. These are laws that permit conviction and punishment for an act that was lawful at the time it was performed.

Express Warranty - An affirmation of fact or promise made by the seller to the buyer that is relied upon by the buyer in agreeing to the contract. Agree on a debt payment plan that fits your budget Stop foreclosure of your house and repossession repossession of your car Stop wage garnishment Pay off your debts for the lowest amount possible.

Expungement - Official and formal erasure of a record or partial contents of a record. Extenuating Circumstances - Circumstances that render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

Extradition - Surrender by one state to another of a person accused or convicted of an offense outside its own territory and within territorial jurisdiction of the other, with the other state which is competent to try him her, demanding his her surrender.

Extrinsic - Foreign, from outside sources.

Family Allowance - A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.

Felony - A crime that allows a defendant to be imprisoned for more than one year upon being found guilty.

Fiduciary - A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other's benefit: i.e., a guardian, trustee or executor.

Pre-Sentence Report - A report designed to assist the judge in passing sentence on a convicted defendant. Such reports should contain at least the following: complete description of the situation surrounding the criminal activity; offender's educational background; offender's employment background; offender's social history; residence history of the offender; offender's medical history; information about environment to which the offender will return; information about any resources available to assist the offender; probation officer's view of the offender's motivations and ambitions; full description of the offender's criminal record.

File - To place a paper in the official custody of the clerk of court court administrator to enter into the files or records of a case.

Filed in Open Court - Court documents entered into the file in court during legal proceedings.

Final Order - An order that ends the lawsuit between the parties, resolves the merits of the case, and leaves nothing to be done but enforcement.

Finding - Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.

First Appearance - The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his her arrest. Generally, the person comes before a judge within hours of the arrest. Also called initial appearance.

Foundation - Preliminary questions to a witness to establish admissibility of evidence; i.e., laying a foundation for admissibility.

Fraud - Intentional deception to deprive another person of property or to injure that person in some way.

Fruit of the Crime - Property acquired by means and in consequence of the commission of a crime, and sometimes constituting the subject matter of the crime.

Fruit of the Poisonous Tree - Property seized or statements made subsequent to and because of an illegal search or interrogation. Fruit of the poisonous tree is generally not admissible in evidence because it is tainted by the illegal search or interrogation.

Points or Point Information - Penalty points imposed by the Motor Vehicles Division after conviction of a traffic offense.

Polling the Jury - The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

Pour-Over Will - A will that leaves some or all estate assets to a trust established before the will-maker's death.

Prejudice - Unfair harm to one individual.

Power of Attorney - Formal authorization of a person to act in the interests of another who is incapable of managing his or her own affairs or property.

Preliminary Hearing - See Initial Appearance.

Preliminary Injunction - Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It differs from a temporary restraining order.

Pre-Sentence Investigation - A background investigation of the defendant by the Department of Corrections, returnable to the sentencing judge on or before a certain date.

Fugitive - A person who flees from one state to another to avoid prosecution.

Garnishment - A legal proceeding in which the debtor's money, which is in the possession of another called the garnishee , is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.

General Damages - Compensation for the loss directly and necessarily incurred by a breach of contract.

General Jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear.

Good Faith - Honest intent to act without taking an unfair advantage over another person. This term is applied to many kinds of transactions.

Good Time - A reduction in sentenced time in prison as a reward for good behavior. It usually is one third to one half less than the maximum sentence.

Grand Jury - A jury of inquiry convened to determine whether evidence against a defendant justifies issuing an indictment; comprised of not more than and not less than persons, with at least concurring before an indictment may be returned.

Grantor or Settlor - The person who sets up a trust. Also known as trustor.

Guardian - A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If one parent dies, the children's guardian will usually be the other parent. If both die, it usually can be a close relative.

Guardianship - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself herself. A guardian also may be given responsibility for a person's financial affairs, and thus perform additionally as a conservator. See also Conservatorship.

Habeas Corpus - A writ used as a means to bring a person before the court to determine whether he she is being detained unlawfully.

Harmless Error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of the trial and therefore was not sufficiently harmful prejudicial to require that the judgment be reversed on appeal.

Hung jury - Jury unable to reach a verdict. A trial ending in a hung jury results in a retrial with a new jury.

Per Se Law - In the Motor Vehicle Code, the per se crime is driving with a blood alcohol level of .08 or greater, as established through a valid testing procedure. No proof is required to show that the defendant was under AN influence since the law concludes that driving with a blood alcohol content BAC of .08 or greater is driving while intoxicated. DWI can be proved by other evidence even if a defendant's BAC is less than .08.

Personal Property - Tangible physical property such as cars, clothing, furniture and jewelry and intangible personal property such as bank accounts . This does not include real property such as land or rights in land.

Initial Appearance - In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he she usually does not offer evidence. Also called first appearance.

Injunction - Writ or order by a court prohibiting a specific action from being carried out by a person or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent.

Inspectorial Search - An entry into and examination of premises or vehicles by an inspector for the identification and correction of conditions dangerous to health or safety.

Instructions - Judge's explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case.

Intangible assets - Nonphysical property, such as goodwill.

Immunity - A grant by the court assuring someone that they will not face prosecution in return for their providing criminal evidence

Plea - Defendant's answer to the charge - guilty, not guilty, nolo contendere or Alford plea. In a criminal proceeding, the defendant's declaration in open court that he or she is guilty or not guilty. The defendant's answer to the charges made in the indictment or information.

Plea Agreement - An agreement between the prosecutor and the defendant, presented for the court's approval, regarding the sentence the defendant should serve upon a plea of guilty, an Alford plea, or a no contest plea. Typically, the defendant pleads guilty in exchange for some form of leniency. For example, the defendant may plead to lesser charges so that the penalties are diminished. Or, the defendant may plead to some, but not all of the charges so that others are dropped. The agreement may include sentencing recommendations. Such bargains are not binding on the court.

Plea Bargaining or Plea Negotiating - The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. The Court is not privy to the actual negotiations, but is presented with the agreement for its approval or rejection.

Pleadings - The written statements of fact and law filed by the parties to a lawsuit.

Hearing -A proceeding, generally public, at which an issue of fact or law is discussed and either individual has the right to be heard.

Hearsay - Testimony by a witness concerning events about which the witness has no personal knowledge. Hearsay testimony conveys not what the witness observed personally, but what others told the witness or what the witness heard others say. Hearsay is usually not admissible as evidence in court because of its unreliability. Exceptions exist, however, as in the case of a dying declaration or an admission against interest.

Hung jury - Jury unable to reach a verdict. A trial ending in a hung jury results in a retrial with a new jury.

Per Se Law - In the Motor Vehicle Code, the per se crime is driving with a blood alcohol level of .08 or greater, as established through a valid testing procedure. No proof is required to show that the defendant was under AN influence since the law concludes that driving with a blood alcohol content BAC of .08 or greater is driving while intoxicated. DWI can be proved by other evidence even if a defendant's BAC is less than .08.

Personal Property - Tangible physical property such as cars, clothing, furniture and jewelry and intangible personal property such as bank accounts . This does not include real property such as land or rights in land.

Initial Appearance - In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he she usually does not offer evidence. Also called first appearance.

Injunction - Writ or order by a court prohibiting a specific action from being carried out by a person or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent.

Inspectorial Search - An entry into and examination of premises or vehicles by an inspector for the identification and correction of conditions dangerous to health or safety.

Instructions - Judge's explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case.

Intangible assets - Nonphysical property, such as goodwill.

Immunity - A grant by the court assuring someone that they will not face prosecution in return for their providing criminal evidence.