Experienced Chapter 7 Attorney The trustee is an officer of the bankruptcy court who is charged with the responsibility of liquidating all of the non exempt assets for distribution to all of the creditors who file claims.
A Chapter 7 case proceeds
quite differently from a chapter 13 case. In a chapter 13 case, the debtor makes payments to the trustee. Although a Chapter seven case is often referred to as a liquidation case, in only very small number of cases are any assets liquidated. The reason is that the large majority of chaper seven cases that are filed the total value of all of the assets of the bankruptcy estate are under the value of the amount of exemptions that a chaper seven debtor is entited to keep.
Serving The Entire State Of Maryland since nineteen seventy three - Excellence In Legal Service
I was very impressed with your dedication to my case, answering all of my questions throughout the case, obtaining my discharge without delay and getting back the money taken in the wage attachment. If anyone needs to file bankruptcy you are the lawyer they need to call. ~~K.B.
" Your representation was outstanding in recovering thousands of dollars I paid out in a debt consolidation scam, properly representing me in a bankruptcy and getting all my debts eliminated at a low fee and less than one half of what I paid to them. What was most important to me was your integrity and clear answers to my questions." ~~D.G.
" Thanks for taking over my chapter 13 case which enabled me to save my house. " ~~ W.S.
" Many thanks for a job well done in getting my tax debts and other claims eliminated and being available to answer all of my questions throughout my case." ~~B.W.
" I was suprised to learn how the debt settlment company I saw on television took advantage of me. Thank you for getting my money back from them, properly filing my bankruptcy and saving my house. I recommend your services. " ~~H.M.
" I appreciate your meeting with me on the weekends so I did not have to lose time from work."~~N.T.
garnishment - legal process by which property, such as bank accounts and wages, may be intercepted by a creditor. A wage garnishment will typically intercept 25% of a debtor's wages. Bankruptcy proceedings can stop garnishments immediately.
Representing debtors to completely eliminate debts, or to reorganize and reduce debts in order to rotect Property And To Obtain A Fresh Financial Start
Prompt, experienced and effective representation for all financial issues including, foreclosure repossession, student loans, wage attachments, federal and state tax matters. In addition to bankruptcy, we provide effective representation for tax problems with the IRS, tax audits, tax liens, tax wage attachments, IRS installment plan arrangements, and IRS audits.
If you are currently in a Chapter 13, making payments to a mortgage company, a trustee, finding out your Chapter 13 plan can not be confirmed, and your Chapter 13 will not result in retaining your home, upon review of the facts in your case in many instances, we can provide options that will be less expensive and far more effective.
Our debt relief agency will full prepare all bankruptcy documents, both before and after your case is filed, go to court with you, and defend you against contested matters from the trustee, your creditors and their attorneys.
We work with you with a workable payment plan and a low fee we invite you to compare. Call, you will see for yourself.
Each case is different and presents different opportunities and challenges.
Bankuptcy terms that you should be aware of:
Substantial Abuse When a debtor creates debt that is in excess to the extent it may be fraud.
Asset Case: An asset case is a case in which the debtor has assets available to pay his creditors.
Automatic Stay - court order that becomes in effect at the exact the case is filed which automatically prohibits creditors from taking certain actions.
Bankruptcy schedules: lists of various amounts affecting the bankruptcy case, such as property, income, expenses, and debts.
Bankruptcy Estate: the temporary entity that controls all non-exempt property of a debtor in bankruptcy.
Reaffirmation agreement is an agreement which obligates the debtor to pay certains debts after the bankruptcy discharge.
Discharge court order evidencing that the dischargeable are eliminated.
student loans -- student loans are not ordinarily dischargeable in bankruptcy, but there are exceptions for fraud by an unscrupulous lender or undue harship.
garnishment -- garnishment occurs when a creditor seizes a part of your paycheck or bank account pursuant to a court order. Part of a garnishment may be recoverable in a bankruptcy.
Injunction court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.
Home confinement special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment - a transmitter attached to the wrist or the ankle - to help ensure that the person stays at home as required.
law of the case - a ruling made at trial and not challenged on appeal
Chapter 7 Bankruptcy - This type of bankruptcy is called a straight bankruptcy or a liquidation bankruptcy.
Chapter 11 Bankruptcy - Chapter eleven Bankruptcy is typically a business reorganization.
Reaffirmation Agreement that re-obligates a debtor to a debt.
Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.
student loans -- student loans are not usually dischargeable in bankruptcy, but there are exceptions for fraud by an unscrupulous lender or for undue harship, such as a serious and permanent disability.
garnished wages -- part of your garnished wages may be recoverable through bankruptcy.
child support -- child support debt ordinarily survives a bankruptcy.
Chapter 13 trustee person that is appointed to administer a Chapter thirteen case. A Chapter 13 trustee's responsibilities are similar to those of a Chapter 7 trustee; however, a Chapter 13 trustee has an additional responsibility of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.
Exemptions Exemption laws are laws that define what amount of property a debtor can keep in a bankruptcy case.:
Chapter 13 Bankruptcy - chapter thirteen Bankurptcy is a reorganization of debt in which the debtor proposes a re-payment schedule through a chapter 13 trustee.
Chapter 15 chapter of the Bankruptcy Code dealing with cases of cross border insolvency.
Adversary Proceeding An adversary proceeding is a contested case in the context of a bankruptcy proceeding.
Creditor - company or person to whom money is owed.
Show Cause Order - Court order requiring a person to appear to show why some action -- often a contempt of court -- should not be taken.
Equitable Pertaining to civil suits in equity rather than in law. Historically, courts of law could order the payment of damages and could afford no other remedy A separate court of equity could order someone to do something or to cease to do something through an injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in law cases but not in equity cases.
Equity The value of a debtor's interest in property that remains after liens and other creditors' interests are considered.
In forma pauperis In the manner of a pauper. Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.
Information A formal accusation by a government attorney that the defendant committed a misdemeanor.
A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or the criminal fine included in a sentence on the debtor's conviction of a crime. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.
Nonexempt assets
Burden of proof The duty to prove disputed facts. In civil cases, the plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt.
Temporary restraining order Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.
Chief judge The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority.
Claim A creditor's assertion of a right to payment from a debtor or the debtor's property.
Step-up In chapter 13 bankruptcy proceedings, an increase in the plan payment following the payout of a secured debt.
Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.
Appellant The party who appeals a district court's decision, usually seeking reversal of that decision.
Property of a debtor that can be liquidated to satisfy claims of creditors.
Surety - One who signs a bond and guarantees to pay money if the defendant fails to appear in court as ordered.
Statute - Law passed by a legislative body declaring rights and duties, or commanding or prohibiting certain conduct.
Statute of Frauds - Law which requires that certain documents be in writing such as leases for more than one year. Under the UCC, contracts for the sale of goods for more than $500 must be in writing to be enforced.
Appellate About appeals; an appellate court has the power to review the judgment of a lower court trial court or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.
Sidebar - A conference between the judge and lawyers, usually in a courtroom, out of earshot of the jury and spectators.
Slander - False and defamatory spoken words tending to harm another's reputation, business or means of livelihood. Slander is spoken defamation; libel is published.
Sovereign Immunity - The doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent, generally through legislation.
Brief A written statement submitted in the trial or appellate proceeding that explains one side's legal and factual arguments.
detinue - at common law, an action to recover personal property
lottery winnings - lottery winnings are counted as assets
Testimony Evidence presented orally by witnesses during trials or before grand juries.
Tort A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.
Transfer Any mode or means by which a debtor disposes of or parts with his or her property.
ummary judgment is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law.
Impeachment The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated some of his testimony, the witness is said to be impeached. It is also called the constitutional process whereby the House of Representatives may impeach or accuse of misconduct high officers of the federal government, who are then tried by the Senate.
In camera Latin, meaning in a judge's chambers. Often means outside the presence,jack hyatt,
Federal public defender An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act.
law of the case - a ruling made at trial and not challenged on appeal
Designee - Person appointed who sets conditions of release for a defendant arrested at a time when the judge is not available.
Direct Evidence - Testimony by witnesses who heard words spoken or saw acts done.
Direct Examination - First questioning of witnesses by the party calling.
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 will be a close relative.
Personal Recognizance - In criminal proceedings, the pretrial release of a defendant without bail upon his her promise to return to court. See also Release on Own Recognizance.
Personal Representative - The person that administers an estate. If named in a will, that person's title is an executor. If there is no valid will, that person's title is an administrator.
Petitioner - The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. The opposing individual is called the respondent.
Indictment: The written accusation by a grand jury that charges a person named in the indictment with the violation of a law. Indictments are used for felony charges, not misdemeanors.
Indigency - Financial inability to hire a lawyer or pay court costs.
The goals of filing bankruptcy include:
Setting up a debt payment plan that fits your budget
Stopping foreclosure of your home or repossession of your car
Stopping wage garnishment
Paying off your debts for the lowest amount possible.
Indigent - Needy or impoverished. A defendant who can demonstrate his her indigence to the court may be assigned a court appointed attorney at public expense in criminal and child abuse neglect cases, but not in other civil cases.
In Forma Pauperis ' In the manner of a pauper. Permission given to a person to sue without payment of court costs because of indigence or poverty.
Final Order : An order that ends a lawsuit between the parties to a case, resolves the merits of the case, and leaves nothing to be done but enforcement.
Finding - Formal conclusion by a judge on issues of fact. Also, a conclusion by a jury regarding a fact.
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
Instructions - Judge's explanation to the jury prior to the time it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge to the jury.
Intangible assets - Nonphysical items which have value, such as stock certificates, bonds, bank accounts, and pension benefits. Intangible assets must be taken into account in estate planning and divorce.
Interlocutory - Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit.
Interpleader - An action in which a third person asks the Court to determine the rights of others to property held - but not owned -by the third person.
Information - An accusation against a person for a criminal offense, without an indictment; presented by the prosecution instead of a grand jury. Informations are used for felony charges, not misdemeanors.
Infraction - A violation of law not punishable by imprisonment. Minor traffic offenses generally are usually considered infractions.
Hung jury - Jury unable to reach a verdict. A trial ending in a hung jury results in a retrial with a new jury.
Immunity - A grant by the court assuring someone that they will not face prosecution in return for their providing criminal evidence.
Impeachment of a Witness - An attack on the credibility believability of a witness, through evidence introduced for that purpose.
Joint Tenancy - A form of legal co-ownership of property also known as survivorship . At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife.
Judge - An elected or appointed public official w
Inheritance Tax - A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiary pays this tax.
Patent - A government grant giving an inventor the exclusive right to make or sell the invention for a term of years.
Penalty Assessment - Procedure in which traffic offender is allowed to mail in a fine plead guilty by mail . Points may be assessed against the person's driving record for penalty assessment offenses.
Peremptory Challenge - The right to challenge a judge or prospective juror without assigning a reason for the challenge.
Perjury - The criminal offense of making a false statement under oath.
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.
Inter Vivos Trust - Another name for living trust.
Intestacy Laws - See Descent and Distribution Statutes.
Intestate - Dying without leaving a will.
Intestate Succession - The process by which the property of a party who has died without a will passes on to others according to the state's descent and distribution statutes. If someone dies without a will and the court uses the state's intestate succession laws, an heir who receives some of the deceased's property is an intestate heir.
Default Judgment - A judgment rendered because of the defendant's failure to answer or appear.
Judgment Notwithstanding the Verdict ' Judgment entered by order of the court for one individual notwithstanding the jury's verdict in favor of the other individual. A judgment notwithstanding the verdict may only arise 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 individual is entitled to a judgment as a matter of law.
Summary Judgment - Judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. As with Judgment on the Pleadings, it 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 municipal ordinance or some state statute.
Jurisdiction - The court's legal power to hear and resolve specific disputes. Jurisdiction is usually composed of personal jurisdiction over persons and subject matter jurisdiction over types of cases.
Jurisprudence - The study of the structure of the legal system.
And the law.
Subject Matter Jurisdiction - Power of a court to hear the type of case that is before it. Example: a municipal court has subject matter jurisdiction for cases involving violation of that municipality's ordinances, but does not have subject matter jurisdiction over felonies.
Subpoena - A process directing a witness to appear and give testimony at a certain time and in a certain place.
Home confinement A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment - a transmitter attached to the wrist or the ankle - to help ensure that the person stays at home as required.
Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living as auto tools for an auto mechanic or dental tools for a dentist . The availability and amount of property the debtor may exempt depends on the state the debtor lives in.
Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side.
Face sheet filing A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. Face sheet filings are often made for the purpose of delaying an eviction or foreclosure.
Bankruptcy trustee A private individual or corporation appointed in all Chapter seven and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors, jack hyatt,.
Bench trial A trial without a jury, in which the judge serves as the fact-finder.
Grand jury A body of citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. attorney.
Supervised release Term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison. U.S. probation officers supervise people on supervised release.
Bankruptcy petition A formal request for the protection of the federal bankruptcy laws. There is an official form for bankruptcy petitions.
Bankruptcy trustee A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors.
Bench trial A trial without a jury, in which the judge serves as the fact-finder.
Strict Liability Statutes - Statutes criminalizing specific conduct without regard to the actor's intent. The only question for a judge or jury in a strict-liability case is whether the defendant did the prohibited act.
Suppress - To forbid the use of evidence at a trial because it is improper or was improperly obtained. See also exclusionary rule.
www.marylandcriminallawyer.org
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410-484-4900 Maryland Bankruptcy Lawyers
Jack Hyatt
Maryland Bankruptcy Attorneys
law of the case - a ruling made at trial and not challenged on appeal Bankruptcy In Maryland
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