A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.
the value of an asset, real or personal, sold in the ordinary course of
business according to commercially reasonable terms.
Marshalling of Assets
an equitable doctrine that applies when two creditors are competing
for satisfaction of their claims from the same fund and one of them
has another fund available for application to its debt. Marshalling
requires that creditor resort to the other fund before having recourse
to the shared fund.
Section 707(b)(2) of the Bankruptcy Code applies a "bankruptcy means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.
a statutory lien on real property available to a person who, at the
request of the owner or the owner's agent, has furnished services or
labor on credit in connection with the improvement of the property.
The supplier of materials used in the construction may assert a similar
statutory lien called a "materialman's lien". These traditional names
for the liens have been abandoned in some states in favor of the more
modern "construction lien".
Meeting of Creditors
a mandatory hearing,held within 40 days after the entry of an order
for relief in any Chapter proceeding. At the meeting of creditors, the
trustee and creditors may examine the debtor regarding the assets and
liabilities of the bankruptcy estate. Section 341(a) of the Bankruptcy
Code mandates the meeting of creditors.
Mental Health Treatment
Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.
An offense punishable by one year of imprisonment or less. See also felony.
An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
Not subject to a court ruling because the controversy has not actually arisen, or has ended.
A request by a litigant to a judge for a decision on an issue relating to the case.
Motion For Relief From The Automatic Stay
a motion made by a creditor, pursuant to 11 U.S.C.
§362(d), to be freed from the effect of the automatic
Motion in Limine
A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.
Filing Bankruptcy can sometimes be the fastest way to get out of debt and may be the most affordable way to get a fresh financial start. Chapter 7 Bankruptcy can quickly wipe out your debts, increase your credit score, stop wage garnishments, get rid of credit card debt, eliminate medical bills, stop payday loans, stop bill collectors, erase negative credit reporting, and reestablish new credit after bankruptcy. RJ Atkinson – Bankruptcy Lawyers have payment plans to make filing Chapter 7 and Chapter 13 Bankruptcy affordable which include low cost flat fees for Chapter 7 that may be considered the cheapest bankruptcy attorney fees depending on the costs other bankruptcy lawyers charge. Chapter 13 Bankruptcy can save your home from foreclosure, save your car from repossession, lower monthly payments, reduce interest rates, get rid of late fees, reduce credit card interest, payoff high credit card debt, raise your credit score, stop creditor harassment, get rid of debt, reduce debt, eliminate creditor calls at work, stop collection calls, start over financially, discharge debts and/or be debt free in 3 to 5 years. IRS tax problems, tax levies, wage garnishments, back taxes, payroll taxes, income taxes can often be handled in Chapter 13 bankruptcy. Divorce/Bankruptcy – past due child support arrears, alimony, spousal support, and divorce debt can often be handled in chapter 13 bankruptcy. The Law Offices of RJ Atkinson handles debt consolidation, loan modifications, credit card debt settlement, debt negotiation, lawsuit defense, IRS problems, credit card lawsuits, TROs temporary restraining orders to stop foreclosure, forbearance agreements to stop foreclosure, FDCPA Fair Debt Collection Practices Act lawsuits, FCRA Fair Credit Reporting Act lawsuits, credit report disputes, debt collection lawsuits, adversary complaints in bankruptcy, bankruptcies, foreclosure workouts, mortgage short sales, real estate property tax disputes, civil litigation, commercial litigation, tax lawsuits, small business bankruptcy, corporate bankruptcy, business creditor representation, and most every kind of debt related issue or financially based legal problem on a case by case basis.
Pursuant to 11 U.S.C. §528, “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.”