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A Chapter 13 Bankruptcy case is often referred to as a reorganization case. In a Chapter 13 case, the debtor turns over certain income to the Chapter 13 Trustee. The usual plan of reorganization lasts for a period of five years athough it can be shorter. The debtor must propose a plan that is filed with the court and provided to all of the creditors. The creditors have the option to accept or reject the plan. The drafting of a Chapter 13 plan requires a high degree to knowledge and skill.

In the event that you believe that the interest on your debts is preventing you to realisitically pay your debts or if you beleive that the interest and last charges on your debts is preventing you from paying down your debts bankruptcy may be the only realistic option for you. Our office has gained experience in representing thousands of consumers and business since 1973 with low fees and payment plans. "There is no substitute for experience." As we are sensitive to the fact that your time is valuable we have evening and weekend appointments. At your initial appointment we will review your factual situation and explain your bankruptcy options, as well as your non bankruptcy options to you. In the event that another option may be more beneficial than bankruptcy we will also fully explain those options to you.

A Chapter 7 Bankruptcy case is the type of case in which the debtor dedicates all of the assets to a trustee. The trustee 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 is very different from a chapter 13 case in which the debtor makes payments to the trustee.

Bankuptcy terms that you should be aware of:

P>Standing - Legal right to bring a lawsuit. Only a person with some legally recognized interest at stake has standing to bring a lawsuit.

Stare Decisis - policy that courts will follow principles of the law laid down in previous cases.

Statement - writing signed by a person; any electrical, mechanical, or other recording or a transcription thereof, which is a recital of an oral utterance; and stenographic or written statements or notes which are recitals of an oral statement.

Statute - Law passed by a legislative body declaring duties and rights, or commanding or prohibiting certain conduct.

Statute of Frauds - Law requiring that certain documents be written, 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.

Statute of Limitations - Time within which a plaintiff must begin a lawsuit in civil cases or the prosecutor must bring charges in criminal cases. Different statutes of limitations at both the federal and state levels apply to different kinds of lawsuits or crimes.

Alleged - Stated; claimed; asserted; charged.

Allegation - statement of the issues in a written document a pleading that a Alternative Dispute Resolution - Settling a dispute without a full or formal trial. Methods include mediation, conciliation, arbitration, and settlement facilitation, among others.

Amend - Improve, correct or change a complaint or other pleading.

Unlawful Search - Examination or inspection of premises or persons without authority of the law and in violation of the immunity from unreasonable search and seizure under the Fourth Amendment to the U.S. Constitution and Article II, Section 0 of the New Mexico Constitution.

Unsecured - In collection or bankruptcy proceedings, a debt or a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt.

Usury - Charging a higher interest rate or higher fees than the law allows.

Vacate - To set a judgment aside.

Venire - writ summoning persons to court to act as jurors, also refers to the people summoned for jury duty, as in the jury venire or jury panel.

Venue - place in which prosecution of a case is brought venue may be in the county of the defendant's residence or in the county in which the offense is alleged to have been committed.

Vested - Fixed; accrued;absolute, settled.

Verdict - findings of a judge or jury at the end of the trial.

Amicus Curiae - friend of the court. A person not a party case who volunteers or is asked by the court to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.

Unlawful Detainer - Unjustifiable retention of real estate without the consent of the owner or other person entitled to its possession; unlawful detainer may occur when a tenant refuses to leave premises after the right of occupancy has ended.

Step-up. A step up is an increase in the plan payment of a chapter 13 bankruptcy that occurs when a listed debt is completely paid off, leaving more money available each month for distrition to creditors.

Appellant - Individual who takes an appeal from one court or jurisdiction to another,

Appellate Court - Court having jurisdiction to hear appeals and review a trial court's decision.

Appellee - Individual against whom an appeal is taken. Sometimes referred to as a respondent.

Arbitration - Form of alternative dispute resolution in which the parties bring their dispute to a neutral third individual and agree to accept his her decision. In arbitration there is a hearing at which both parties have the opportunity to be heard.

Arraignment - Appearance of the defendant in criminal court in which he or she is advised of rights and enters a plea to the charges.

Arrest -Official taking of a person to answer criminal charges. This process involves at least temporarily denial of a person's liberty and may involve the use of force.

Arrest Warrant - Order by a judge giving permission for a police officer to arrest a person for allegedly committing a crime. Assault - Threat to inflict injury with the apparent ability to do so. Also, any intentional display of force that gives the victim reason to fear or expect immediate bodily harm.

Transcript - Written verbatim record of everything that was said, either in court or during some other conversation, as in the record of an oral deposition or hearing.

Transfer cases - Cases going from one court or jurisdiction to another.

Trial - Examination of any issue of law or fact before the court to determine the rights of the parties.

Trial by Jury - Trial by a group of persons selected from the citizens of a particular district who are sworn to try one or more questions of fact and determine them by their verdict.

Trial de Novo - Retrial in district court which can be conducted as if no trial had occurred in the lower court.

True Bill - Finding by a grand jury that there is sufficient evidence to warrant a criminal charge that allows trial to proceed.

True Copy - Exact copy of a written instrument.

Trust - Legal device used to manage personal or real, established by one person called the settlor or grantor for the benefit of another called the beneficiary.

Trust Agreement or Declaration - legal document that sets up a living trust.

Trustee - Person or institution that manages the property put in trust.

Asylum State - State holding a fugitive from justice in another state.

Attachment - Taking and holding of a person's property during proceedings to ensure satisfaction of a judgment not yet rendered.

At Issue - Matters are at issue when a complaining individual has stated his her claim, the other side has answered with a denial, and the matter is ready to be tried.

Attempt - person who attempts to commit a crime when that person intended to commit the crime; and began to do an act that constituted a substantial part of the crime, but failed to complete or commit the crime.

Attorney at Law - licensed lawyer or advocate authorized by the courts to prepare, manage and try cases in court, to prepare legal documents, and otherwise to represent the interests of citizens.

Attorney-in-Fact - private person not necessarily a lawyer authorized by another to act in his her place, either for some particular purpose, as to do a specified act; or for the transaction of business in general, not of legal character.

Answer - Defendant's response to a plaintiff's allegations as stated in a civil complaint. A paragraph-by-paragraph, item-by-item, response to points made in a complaint, included as part of the pleadings. Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a individual.

Appeal Bond - Sum of money posted by a person appealing a judicial decision.

Appearance - Formal proceeding by which a defendant submits to the jurisdiction of the court. Written notification to the plaintiff by an lawyer stating that he or she is representing the defendant.

Trustor -Person who establishes a trust.

UCC - Uniform Commercial Code, governing sales of goods to or by a merchant.

Unenforceable Contract - A contract to which certain defense exists that is external to the formation of the contract, as when the contract violates the Statute of Frauds or when the Statute of Limitations has passed.

Unjust Enrichment - Unfair gain at the expense of another such as by mistake by which principles of justice and equity require the person to return or pay for the property or benefits received.

Attorney-of Record - lawyer retained or assigned to represent a client,

Suspended Sentence - Postponed execution of sentence; sentence is imposed, and execution of sentence is suspended, postponed, or stayed for a period and on conditions set by the judge.

Settlor - person who sets up a trust. This is also called the grantor or trustor.

Severance - separation of offenses or defendants into different trials inexpensive bankruptcy,

Temporary Relief - Form of action by a court granting one party an order designed to protect its interest pending further action by the court.

Temporary Restraining Order - Judge's order forbidding certain actions until a full hearing can be held.

Testamentary Capacity - Legal ability to make a will.

Bail - Cash or surety posted to procure release of a defendant in a criminal proceeding by insuring his or her future appearance in court, and compelling him her to remain within the jurisdiction of the court.

Bail Bond -Document through which one accepts responsibility for a defendant and insures his her appearance in court. In signing the form, the person posting the bond agrees to forfeit the bond if the defendant fails to appear in court as ordered.

Bailiff - Court attendant who keeps order in the courtroom and is responsible for the jury.

Bankruptcy - body of statutes and judicial proceedings concerning persons or businesses who cannot pay their debts and seek the assistance of the court in getting a fresh start. Debtors may be discharged or released from their debts completely or allowed to repay them in whole or in part on a manageable schedule. Federal bankruptcy judges preside over these proceedings. The person with the debts is known as the debtor and the people or companies to whom the debtor owes money are known as creditors.

Bar The railing separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. Also, the body of lawyers within a jurisdiction.

Bar Examination - state examination taken by prospective lawyers, qualifying them to be licensed to practice law.

Testamentary Trust - trust set up by a will, effective only upon the death of the testator. inexpensive bankruptcy attorneys,

Testator - Person who makes a will.

Testimony - Evidence given by a witness under oath not including evidence from documents and other physical evidence.

Third Individual - party not actively involved in a legal proceeding, agreement, or transaction, but affected by it.

Third-Individual Claim - Action by the defendant bringing a third individual into a lawsuit.

Time served - Period of time already served in jail on a particular charge before conviction.

Title - Legal ownership of property, usually automobiles or real property.

Tort - Injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual not founded in a contract. One common tort action is a suit for personal and or property damages sustained in an automobile accident.

Warranty - A legal promise that certain facts are true.

Battery - offensive touching of a person. The threat to use force is an assault; actual use of force is a battery, and usually includes an assault.

Bench - Seat occupied by a judge; more broadly, the court or judicial branch itself.

Bench Trial - Trial in which a judge rather than a jury decides the facts as well as the law.

Appellate Court - Court having jurisdiction to hear appeals and review a trial court's decision.

Appellee - Individual against whom an appeal is taken. Sometimes referred to as a respondent.inexpensive bankruptcy lawyerts,

Arbitration - Form of alternative dispute resolution in which the parties bring their dispute to a neutral third individual and agree to accept his her decision. In arbitration there is a hearing at which both parties have an opportunity to be heard.

Arraignment - Appearance of the defendant in criminal court in which he or she is advised of rights and enters a plea to the charges.

Arrest -Official taking of a person to answer criminal charges. This involves at least temporarily denial of a person's liberty and may involve the use of force.

Arrest Warrant - Order by a judge giving permission for a police officer to arrest a person for allegedly committing a crime.

Assault - Threat to inflict injury with the apparent ability to do so. Also, any intentional display of force that gives the victim reason to fear or expect immediate bodily harm.

Transcript - Written, word-for-word record of all that was said, either in a trial or during some other conversation, as in the record of a hearing or oral deposition.

Transfer cases - Cases going from one court or jurisdiction to another.

Trial - Examination of any issue of law or fact before a court to determine the rights of the parties.

Trial by Jury - Trial by a group of persons selected from the citizens of a particular district who are sworn to try one or more questions of fact and determine them by their verdict. Trial de Novo - Retrial in district court that is conducted as if no trial had occurred in the lower court.

True Bill - Finding by a grand jury that there is sufficient evidence to warrant a criminal charge that allows trial to proceed.

Attorney at Law - licensed lawyer or advocate authorized by the courts to prepare, manage and try cases in court, to prepare legal documents, and otherwise to represent the interests of citizens.

Attorney-in-Fact - private person not necessarily a lawyer authorized by another to act in his her place, either for some particular purpose, as to do a specified act; or for the transaction of business in general, not of legal character.

Attorney-of Record - lawyer retained or assigned to represent a client, inexpensive bankruptcy, inexpensive bankruptcy lawyer, inexpensive bankruptcy attorney,

Suspended Sentence - Postponed execution of sentence; sentence is imposed, and execution of sentence is suspended, stayed, or postponed for a period and on conditions set by the judge.

Suspension of driver's license - driver's license and privilege to a vehicle drive are temporarily withdrawn, but only during the term of such suspension.

Sustain - court decision upholding an objection or a motion.

Survivorship - Another name for joint tenancy, by which one owner becomes entitled to property because he or she has survived all other owners.

Best Evidence - best form of evidence available. One example might be the original of a letter, while a photocopy is secondary evidence.

Brief - written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law.

Burden of Proof - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point or points: The level of the burden of proof for a type of case indicates the degree to which the point must be proven. For example, in a civil case the burden of proof rests with the plaintiff, who must establish his her case by such standards of proof as a preponderance of evidence or clear and convincing evidence. In a criminal case, the burden on the prosecutor is to establish the defendant's guilty beyond a reasonable doubt, a much stricter standard.

Self-Incrimination privilege against - The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the Constitution. Asserting a right is often referred to as Taking the Fifth.

Sequester - To separate. Sometimes juries are separated from outside influences during their deliberations. This may occur during a highly publicized trial.

Rebuttal - Evidence that is offered by a individual after he has rested his case and after the opponent has rested in order to contradict and explain the opponent's evidence.

Rebuttal Witnesses - Witnesses introduced to explain, repel, counteract, or disprove facts given in evidence by the adverse individual.

Recall Order - Court order recalling a warrant or capias writ requiring an officer to take a named defendant into custody

Best Evidence Rule - Rule requiring parties to produce the original writing, recording, or photograph when attempting to prove the contents thereof. A duplicate is admissible in place of an original unless there is a genuine question about the authenticity of the original or it unless it would be unfair under the circumstances of the case to admit the duplicate instead of the original. An original is not required if it is lost or destroyed, if it cannot be obtained through a subpoena, if it is in the possession of the opposing individual, or if the original is not closely related to the primary controlling issues in the case.

Beyond a Reasonable Doubt - The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be sufficiently conclusive that all reasonable doubts are removed from the mind or the ordinary person.

Bind over - To hold a person for trial on bond, bail, or in jail. If a judicial official conducting the preliminary hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial. <

Statutory Construction - Interpretation of the meaning and scope of legislation.

Statutory Law - Law enacted by the legislative branch of government, as distinguished from case law or common law.

Stay - Court order halting a judicial proceeding.

Sworn Complaint - sworn, witnessed complaint filed with the Clerk of the Court.

Bench Warrant - Order issued by a judge to arrest a person because of his her failure to obey a court order. A bench warrant can be issued when a person fails to pay a fine, appear, or attend DWI School.

Beneficiary - Someone named to receive property or benefits in a will or trust, insurance policy, or other such document.

Bequeath - To leave a gift to someone through a will.

Bequests - Gifts made through a will.

Reply - response by a individual to charges raised in a pleading by the other individual.

Request for Production - A formal court process by which one individual requests that another produce certain documents or other tangible items.

Rescission - Cancellation of a contract.

Res Judicata - thing or matter already decided by a court. A final judgment on the merits is conclusive as to the rights of the parties and is an absolute bar to a later action involving the same claim, demand, or cause of action. Res judicata bars relitigation of the same cause of action between the same parties where there is a prior judgment. By comparison, collateral estoppel bars relitigation of a particular issue or determinative fact

Summary Judgment - Decision made on the basis of statements and evidence presented for the record without a trial, used when there is no dispute as to the material facts of the case, and one individual is entitled to judgment as a matter of law.

Summons - Document signed by a deputy clerk ordering a person to appear before the court to respond to a complaint.

Support Trust - trust that instructs the trustee to spend only as much income as needed for the beneficiary's support.

Suppress - Exclusion of evidence at a trial because it is improper or was improperly obtained.

Supra - Latin for above.

Surety - person who signs a bond and guarantees to pay money if the defendant fails to appear in court as may ordered.

Surety Bond - Bond purchased at the expense of the estate to insure the executor's proper performance.

True Copy - Exact copy of a written instrument.

Trust - Legal device used to manage real or personal property, established by one person called the grantor or settlor for the benefit of another called the beneficiary.

Trust Agreement or Declaration - The legal document that sets up a living trust. <

Trustee - Person or institution that manages the property put in trust.

Asylum State - State holding a fugitive from justice in another state.

Attachment - Taking and holding of a person's property during proceedings to ensure satisfaction of a judgment not yet rendered.

At Issue - Matters are at issue when a complaining individual has stated his her claim, the other side has answered with a denial, and the matter is ready to be tried.

Attempt - person attempts to commit a crime when that person intended to commit the crime; and began to do an act that constituted a substantial part of the crime, but failed to complete or commit the crime.

Stipulation - Agreement by lawyers on both sides of a civil or criminal case about some aspect of the case;dfor example. to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial.

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 or not the defendant did the prohibited act.

Strike - Excluding evidence that has been improperly offered and will not be relied upon.

Sua Sponte - Latin phrase which means voluntary, on one's own behalf without prompting or suggestion.

Subject Matter Jurisdiction - Power of a court to hear the type of case that is before it. A municipal court has subject matter jurisdiction in cases involving violation of that municipality's ordinances, but does not have subject matter jurisdiction over felonies, inexpensive bankruptcy, inexpensive bankruptcy lawyer, inexpensive bankruptcy attorney,.

Subpoena - process commanding a witness to appear and give testimony at a certain time and in a certain place.

Subpoena Duces Tecum - Court order commanding a witness to bring certain documents or records to court.

Bond supersedeas - The bond posted with the Clerk of Court in an appeal, ensuring payment to the winner at the trial court level if the appeal is unsuccessful.

Bond surety - Certificate posted by a bonding company to the law enforcement agency to secure the appearance in court of a criminal defendant.

Booking - The process of photographing, fingerprinting and recording identifying data of the suspect after arrest.

Self-Proving Will - will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker's death.

Sentence - The punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another, inexpensive bankruptcy, inexpensive bankruptcy lawyer, inexpensive bankruptcy attorney,.

Sentence Report - A document containing background material on a convicted person. It is prepared to guide the judge in the imposition of a sentence. Sometimes called a pre-sentence investigation.

Breach - The breaking or violating of a law, right, or duty, either by the commission or omission of an act.

Breach of Contract - Failure by one individual to abide by the terms of a contract without lawful excuse. .

Record - All the documents and evidence plus transcripts of oral proceedings in a case.

Recusal - voluntary action by a judge to remove himself or herself from presiding in a given case because of self-interest, bias, conflict, or prejudice. Also, the process by which a judge is disqualified from a case because a individual objects.

Redirect Examination - Opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination.

Show Cause Order - Court order requiring a person to appear and show why some action should not be taken.

Sidebar - conference between the judge and lawyers, usually in the 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.

Civil Action - Non-criminal cases in which one private individual, business, or government sues another to protect, enforce, or redress private or civil rights.

Civil Contempt - Contempt can be civil or criminal depending on the purpose the court seeks to achieve through its punishment. Contempt is civil when the purpose of punishment is to coerce the defendant to perform an act previously ordered by the court, which the defendant has not done, such as paying child support. Compare with Criminal

Contempt. . Compare Collateral Estoppel.

Respondent - person against whom an appeal is taken.

Rest - conclusion of presentation of all the evidence one side intends to offer.

Sovereign Immunity - doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent, generally through legislation.

Special Damages - Damages that are the actual, but not necessary, consequence of a breach of contract or injury. In contract law, special damages must have been reasonably foreseeable and must flow directly and immediately from the breach, or they are not enforceable.

Specific Performance - remedy by which a court orders a person who has breached an agreement to perform specifically what he or she has agreed to do. Specific performance is ordered when damages alone would be inadequate compensation.

Speedy Trial - rule of law wherein the defendant must be brought to trial within 80 days.

Spendthrift Trust - trust set up for the benefit of someone whom the grantor believes would be incapable of managing his her own financial affairs.

Calendar - List of cases scheduled for hearing in court.

Calendaring - Assigning & scheduling of court appearances.

Charging Document - citation, information, indictment or notice to appear, indicating that the named person committed a specific criminal offense or civil infraction. Chief Judge - Presiding or administrative judge in a court. Circumstantial Evidence - All evidence except eyewitness testimony. Evidence from which an inference must be drawn. Examples include documents, photographs, and physical evidence, such as fingerprints.

Citation - written notice to appear in court, usually to answer a violation of traffic law or other minor criminal laws.

Restitution - Either financial reimbursement to the victim or community service imposed by the court for a crime.

Civil Procedure - Rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Objection to dischargeability trustee's or creditor's objection to the a being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary.

Stay - court order halting a judicial proceeding.

Stipulation - An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g. to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial.

Summary Judgment - decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the material facts of the case, and one party is entitled to judgment as a matter of different law.

Chambers - judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public.

Change of Venue - Moving a lawsuit or criminal trial to another place for trial. Venue may be changed when a cases has received so much local publicity as to create a likelihood of bias in the jury pool. Charge to the Jury - judge's instructions to the jury explaining the law that applies to the facts of the case on trial.

Charges multiple - case with more than one count or offense listed on the court file.

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