Letter B: Glossary of Legal Terms
The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person’s appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code).
An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors’ committees; monitoring fee applications; and performing other statutory duties.
The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.
The bankruptcy judges in regular active service in each district; a unit of the district court.
All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor’s property.
A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.
A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)
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.
A trial without a jury, in which the judge serves as the fact-finder.
A written statement submitted in a trial or appellate proceeding that explains one side’s legal and factual arguments.
Burden of proof
The duty to prove disputed facts. In civil cases, a 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. (See standard of proof.)
A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.
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