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Chapter 7 and Chapter 13

 

Low Fees - Payment Plans
Difficult and Hardship cases Welcomed
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410 - 484 - 4900 24/7/365


A Chapter 7 case is referred to as a liquidation case. In a Chapter 7 case, the debtor turns over his property to the Chapter 7 Trustee. In many Chapter the trustee never gets the property due to the fact that the debtor is entitled to claim exemptions. In the evnet that the exemptions exceed the value of the debto's property, no property will be taken by the trustee.

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:

Vacate - To set aside, as a judgment.

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

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

Vested - Fixed; settled, absolute; accrued.

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

Alleged - Stated; claimed, charged, asserted.

Allegation - A statement of the issues or pleading in a written document.

Alternative Dispute Resolution - Settling a dispute without a formal or full trial. Methods include mediation, conciliation, arbitration, and settlement facilitation, among others.

Amend - Improve, change or correct 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.

Amicus Curiae - A 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.

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. spute 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 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 what was said in a proceeding such as a trial or during some other conversation, as in the record of a hearing or oral deposition.

Transfer cases - Cases going from one jurisdiction or court 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 the 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 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 - A 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.

Attorney at Law - A 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 - A 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 - The 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, then execution of sentence is suspended, postponed, or stayed for a period and on conditions set by the judge.

Bankruptcy - A body of judicial proceedings and statutes 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 companies or people 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 - A state examination taken by prospective lawyers, qualifying them to be licensed to practice law.

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

Testator - Person who makes a will.

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

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. The UCC governs sales of goods to or by a merchant.

Unenforceable Contract - A contract is unenforceable if 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.

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.

Appellant - Individual who takes an appeal from one court or jurisdiction to another, inexpensive bankruptcy, inexpensive bankruptcy lawyer, inexpensive bankruptcy attorney,.

Appellate Court - Court having jurisdiction to hear appeals of 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 di

Third Individual - A 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 or offense 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 - A wrongful touching of a person. Athreat to use force is an assault; and actual use of force is a battery, usually including 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.

Bench Warrant - Order issued by a judge to arrest a person because of his her failure to obey a court order. A bench warrant may 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.

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

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

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

Slander is spoken defamation; libel is published.

Civil Action - Non-criminal suit 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.

Reply - The 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 - A 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. Compare Collateral Estoppel.

Respondent - The person against whom an appeal is taken. See Petitioner.

Rest - A individual is said to rest or rest its case when it has presented all the evidence it intends to offer.

Sovereign Immunity - The 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 - A 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 - A rule of law wherein the defendant must be brought to trial within 80 days.

Brief - A 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.

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

Sidebar - A 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.

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

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