Glossary of Legal Terms
Browse plain language definitions of legal terms.
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341 meeting
In bankruptcy, this is a meeting where creditors can question the debtor under oath about their finances. A trustee, examiner, or the U.S. Trustee may also ask questions.
A
acquittal
A decision by a jury that a person charged with a crime is not guilty, or a judge’s finding that there is not enough evidence for a conviction.
active judge
A judge who works full-time for the court. (See also senior judge.)
Administrative Office of the United States Courts (AO)
The federal agency that manages the courts’ budget, collects statistics, and provides administrative support for the federal judiciary.
admissible
Evidence that a judge or jury is allowed to consider in a case.
adversary proceeding
A lawsuit that happens within a bankruptcy case, starting when someone files a complaint in court.
affidavit
A written or printed statement that is made under oath
affirmed
When a court of appeals agrees with the decision of a lower court and lets that decision stand.
alternate juror
A juror who hears the case but only helps decide it if they are needed to replace another juror.
alternative dispute resolution (ADR)
Ways to settle disputes outside of court, often using a neutral person like a mediator or arbitrator. Most ADR methods are not binding.
amicus curiae
Latin for “friend of the court.” It means someone who is not a party to the case but gives information or advice to the court, usually in a written brief.
answer
The formal written response by a defendant in a civil case, explaining their defense to the claims in the complaint
appeal
A request by someone who lost a case for a higher court to review and possibly change the decision.
appellant
The person or party who files an appeal, usually asking for the lower court’s decision to be reversed.
appellate
Relating to appeals. An appellate court reviews the decisions of lower courts. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.
appellee
The person or party who won in the lower court and wants the appeals court to keep that decision in place.
arraignment
A court proceeding where a criminal defendant is told of the charges and asked to plead guilty or not guilty.
article III judge
A federal judge appointed for life under Article III of the U.S. Constitution. These judges are nominated by the President and confirmed by the Senate.
assets
Any property or items of value a person owns, whether physical or not.
assume
To agree to keep performing duties under a contract or lease.
automatic stay
A court order that automatically stops lawsuits, foreclosures, garnishments, and most collection efforts against a person as soon as they file for bankruptcy.
B
bail
When someone accused of a crime is released before trial under certain conditions to ensure they return to court. Bail can also refer to the money posted as part of the release.
bankruptcy
A legal process for people or businesses who cannot pay their debts. Bankruptcy cases are filed under the federal Bankruptcy Code (title 11 of the U.S. Code).
bankruptcy administrator
An officer in the courts of Alabama and North Carolina who supervises bankruptcy cases, trustees, creditor committees, and fees—similar to a U.S. trustee.
bankruptcy code
The federal bankruptcy law, officially called title 11 of the U.S. Code.
bankruptcy court
The unit of a federal district court where bankruptcy cases are handled by bankruptcy judges.
bankruptcy estate
All the property and assets a debtor owns at the time of filing for bankruptcy. The estate becomes the temporary legal owner of this property during the case.
bankruptcy judge
A federal judge who makes decisions in bankruptcy cases.
bankruptcy petition
The formal document someone files to start a bankruptcy case. (An official form is used.)
bankruptcy trustee
A person or company appointed to handle the bankruptcy estate and represent creditors in Chapter 7 and Chapter 13 cases.
bench trial
A trial with no jury where the judge decides the facts and the verdict.
brief
A written document filed in court that explains a party’s legal and factual arguments.
burden of proof
The responsibility to prove the facts in a case. In civil cases, the plaintiff has this duty. In criminal cases, the government must prove the defendant’s guilt. (See standard of proof.)
business bankruptcy
A bankruptcy case where the debtor is a business or an individual with debts from business activities.
C
capital offense
A crime that can be punished by death.
case file
All the documents filed in a court case.
case law
Law created by past court decisions. It is also called legal precedent. It is similar to common law, which is based on traditions and past rulings.
caseload
The number of cases handled by a judge or court.
cause of action
A legal reason or claim for filing a lawsuit.
chambers
The offices of a judge and their staff.
chapter 7
A type of bankruptcy that sells (liquidates) a debtor’s property that is not protected by law and distributes the money to creditors. The debtor must pass a “means test” to qualify. See U.S. Courts Bankruptcy Basics for more details.
chapter 7 trustee
A person appointed in a Chapter 7 bankruptcy case to review documents, sell the debtor’s property, and pay creditors. They may also take legal action to recover property for the bankruptcy estate.
chapter 9
A type of bankruptcy for reorganizing cities, towns, counties, or other government entities. See U.S. Courts Bankruptcy Basics for more details.
chapter 11
A type of bankruptcy (often for businesses) that allows the debtor to reorganize and pay creditors over time while continuing to operate. See U.S. Courts Bankruptcy Basics for more details.
chapter 12
A type of bankruptcy for family farmers as defined in the Bankruptcy Code. See U.S. Courts Bankruptcy Basics for more details.
chapter 13
A type of bankruptcy for individuals with regular income. It allows them to keep their property and pay debts over three to five years (also called a wage-earner plan). See U.S. Courts Bankruptcy Basics for more details.
chapter 13 trustee
A person who oversees Chapter 13 cases, including the debtor’s payment plan and distributing payments to creditors.
chapter 15
A type of bankruptcy that deals with cross-border or international insolvency cases. See U.S. Courts Bankruptcy Basics for more details.
chief judge
The judge with main administrative responsibility for a court, usually based on seniority.
claim
A demand for payment from a debtor or their property.
class action
A lawsuit where one or more people sue on behalf of a larger group with similar claims. A judge must approve the case as a class action.
clerk of court
The court official who manages the court’s administrative tasks and the flow of cases.
collateral
Property that a borrower pledges as security for a loan.
common law
A legal system based on court rulings and traditions, originally from England, that can be changed by laws passed by legislatures.
community service
Work performed for a nonprofit or civic group as a condition of a court order, usually without pay.
complaint
The document that starts a civil lawsuit, where the plaintiff states the claims against the defendant.
concurrent sentence
Prison terms for multiple crimes that are served at the same time. Example: two five-year sentences served concurrently result in five years in prison.
confirmation
A bankruptcy judge’s approval of a reorganization plan.
consecutive sentence
Prison terms for multiple crimes served one after the other. Example: two five-year sentences served consecutively result in ten years in prison.
consumer bankruptcy
Bankruptcy cases filed to reduce or erase personal (non-business) debts.
consumer debts
Debts for personal, family, or household needs, not business purposes.
contingent claim
A claim that depends on a future event, such as when a co-signer is responsible if the main borrower does not pay.
contract
A legal agreement between two or more parties.
conviction
A judgment that a defendant is guilty of a crime.
counsel
Legal advice, or another term for a lawyer in a case.
court
A government body that resolves legal disputes. Judges may also refer to themselves as “the court.”
court reporter
A person who records every word spoken in court and creates a transcript when needed.
count
An individual criminal charge listed in an indictment or information document. A defendant may face multiple counts.
creditor
A person or business that is owed money by a debtor.
credit counseling
Two required sessions for individuals filing for bankruptcy:
1. A briefing from a credit counseling agency before filing.
2. A personal financial management course (for chapters 7 and 13) before debts can be discharged.
Some exceptions apply in special situations.
D
damages
Money that a defendant must pay to a plaintiff in a civil case if the plaintiff wins. Damages can be:
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compensatory – to cover a loss or injury, or
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punitive – to punish wrongdoing and prevent future misconduct.
debtor
A person or business that has filed for bankruptcy protection under the Bankruptcy Code.
debtor's plan
A detailed plan that explains how a debtor will pay creditors over a set period.
declaratory judgment
A court decision that states the rights of parties without ordering anything to be done or awarding damages. For example, a court may declare that a law violates someone’s constitutional rights.
de facto
Latin for “in fact” or “actually.” Something that exists in reality but not under official law.
default judgment
A ruling in favor of the plaintiff because the defendant did not respond or appear in court.
defendant
The person or organization being sued in a civil case, or the person accused of a crime in a criminal case.
de jure
Latin for “by law.” Something that exists because the law says so.
de novo
Latin for “anew.” A trial de novo is a completely new trial. In appeals, de novo review means the appellate court does not give any weight to the trial judge’s decision.
deposition
An oral statement taken under oath, outside of court, to gather evidence or examine witnesses before trial.
discharge
The legal release of a debtor from personal responsibility for certain debts. Creditors cannot try to collect these debts or contact the debtor once they are discharged. Some debts, like taxes or student loans, cannot be discharged.
dischargeable debt
A debt that can be erased through bankruptcy.
disclosure statement
A written document in Chapter 11 bankruptcy that gives creditors enough information to evaluate the debtor’s reorganization plan.
discovery
The process of collecting information and evidence before a trial.
dismissal with prejudice
When a case is dismissed permanently and cannot be refiled.
dismissal without prejudice
When a case is dismissed but can be filed again in the future.
disposable income
Income left over after paying for necessary living expenses (or operating costs for a business).
docket
A record of all the events and filings in a court case, listed in order.
due process
The constitutional right to fair treatment. In criminal law, it means a fair trial. In civil law, it means the right to be heard before the government can limit someone’s freedom or property.
E
en banc
French for "on the bench." When all judges of an appellate court hear a case together instead of the usual three-judge panel. In the Ninth Circuit, an en banc panel includes 11 randomly chosen judges.
equitable
Related to cases where the court orders someone to take action or stop doing something, instead of awarding money. Historically, "law" courts handled money damages, while "equity" courts handled other remedies like injunctions. In the U.S., federal courts can provide both kinds of remedies. Generally, jury trials are allowed in law cases but not in equity cases.
equity
The amount of value a debtor has in property after subtracting debts or liens.
Example: A house worth $60,000 with a $30,000 mortgage has $30,000 in equity.
evidence
Information presented in court, such as testimony or documents, that helps a judge or jury decide a case.
exclusionary rule
A rule that prevents evidence obtained illegally (violating a defendant’s rights) from being used in a criminal trial.
exculpatory evidence
Evidence that shows a defendant did not commit a crime.
executory contracts
Contracts or leases where both parties still have duties to perform. In bankruptcy, a debtor can choose to continue (assume) or cancel (reject) such contracts.
exempt assets
Property a debtor can keep, which creditors with no liens cannot take.
exemptions (exempt property)
Specific property that state or federal law allows a debtor to keep in bankruptcy, such as part of the equity in a home (homestead exemption) or tools needed for work. The amount and type of exemptions vary by state.
ex parte
A court proceeding where only one side is present, without notice or input from the other party.
F
face sheet filing
A bankruptcy case filed with incomplete or missing schedules that list only a few creditors and debts. This is often done to delay actions like eviction or foreclosure.
family farmer
A person, married couple, corporation, or partnership running a farm business that meets specific debt limits and other legal requirements to file under Chapter 12 bankruptcy.
federal public defender
A full-time attorney employed by the federal courts to represent defendants who cannot afford a lawyer. This program is managed under the Criminal Justice Act.
federal public defender organization
An office within a federal judicial circuit that provides defense for criminal defendants who cannot afford legal representation. The office is led by a federal public defender appointed by the court of appeals.
federal question jurisdiction
The authority of federal courts to hear cases that involve the U.S. Constitution, federal laws (acts of Congress), or treaties.
felony
A serious crime that can be punished by at least one year in prison.
file
To officially submit a document to the court clerk so it becomes part of the case record.
fraudulent transfer
When a debtor transfers property with the intent to cheat creditors or for less than its fair value.
fresh start
The clean financial slate a debtor gets after bankruptcy, meaning they are freed from most debts. This is one of the main goals of bankruptcy law.
G
grand jury
A group of 16 to 23 citizens who review evidence presented by prosecutors to decide if there is enough reason (probable cause) to charge someone with a crime. See also indictment and U.S. attorney.
H
habeas corpus
Latin for "you have the body." A writ of habeas corpus is a court order requiring law enforcement to bring a prisoner to court and explain why they are being held. Federal judges often receive these petitions from state prisoners claiming their rights under federal law were violated.
hearsay
Testimony about something a witness did not directly see or hear but learned from someone else. Hearsay is usually not allowed as evidence in a trial, with some exceptions.
home confinement
A court-ordered condition requiring someone to stay at home, except for approved activities like work or medical appointments. Electronic monitoring devices, such as ankle or wrist bracelets, are often used to ensure compliance.
I
impeachment
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Challenging a witness's credibility. For example, if a lawyer shows that a witness may have lied or made up part of their story, the witness is "impeached."
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The constitutional process where the House of Representatives accuses a federal official of misconduct. The Senate then holds a trial to decide if the official should be removed from office.
in camera
Latin for "in a chamber." Refers to a private meeting with the judge, often outside the presence of the jury or public.
inculpatory evidence
Evidence that suggests a defendant committed a crime.
indictment
A formal charge issued by a grand jury stating there is enough evidence to hold a trial. Indictments are mainly used for serious crimes (felonies).
in forma pauperis
Latin for "in the manner of a pauper." Permission from the court to file a case without paying fees due to financial hardship.
information
A formal accusation issued by a government attorney that someone committed a misdemeanor. (Similar to an indictment, but used for less serious crimes.)
injunction
A court order directing a person or group to do, or stop doing, something. A temporary (preliminary) injunction may be issued while a judge decides if a permanent one is needed.
insider (corporate debtor)
A director, officer, or person who controls the company; a partner in which the company is a general partner; a general partner of the company; or a close relative of someone in control.
insider (individual debtor)
A close relative of the debtor, a general partner of the debtor, a partnership where the debtor is a general partner, or a company the debtor controls.
interrogatories
Written questions sent to the other party in a lawsuit that must be answered in writing under oath.
issue
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The disputed point or question in a lawsuit.
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To officially send out or publish something, such as a court issuing an order.
J
joint administration
A court-approved process that allows two or more related cases to be managed together. This is often done when the parties can share resources and professionals, as long as there are no conflicts of interest.
joint petition
A single bankruptcy petition filed by a married couple.
judge
A court official with the authority to decide legal disputes. The term can also refer to all judicial officers, including Supreme Court justices.
judgeship
The position or office of a judge. Congress determines the number of judgeships for each federal district and appellate court.
judgment
The final decision of a court resolving the dispute between the parties in a case.
Judicial Conference of the United States
The main policy-making body for the federal court system. It consists of 27 judges and is led by the Chief Justice of the United States.
jurisdiction
A court's legal authority to hear and decide a case. The term can also refer to the geographic area where a court has authority, sometimes called "venue."
jurisprudence
The study or philosophy of law and how legal systems are structured.
jury
A group of people selected to hear evidence during a trial and decide the facts of the case. (See also grand jury.)
jury instructions
Guidance given by the judge to the jury before deliberation. These instructions explain the questions the jury must answer and the legal rules they must follow.
L
lawsuit
A legal action started by a plaintiff against a defendant, claiming the defendant failed to meet a legal duty and caused harm.
lien
A legal claim on specific property used as security for a debt or obligation. A lien may remain even after the debtor’s other debts are discharged.
litigation
Another word for a lawsuit or legal dispute. The people involved in a lawsuit are called litigants (plaintiffs and defendants).
liquidation
The process of selling a debtor’s property and using the money to pay creditors.
liquidated claim
A creditor’s claim for a specific, fixed amount of money.
M
magistrate judge
A judicial officer in a district court who handles early steps in criminal cases, decides misdemeanor cases, manages many pretrial matters for civil and criminal cases, and may decide civil cases if both parties agree.
means test
A test under the Bankruptcy Code (Section 707(b)(2)) to determine if a Chapter 7 bankruptcy filing is considered abusive. It looks at the debtor’s income over five years, subtracts certain allowed expenses, and compares it to debt amounts. A filing may be presumed abusive if income is too high. Debtors can challenge this presumption by showing special circumstances. See U.S. Courts Bankruptcy Basics for more details.
mediation
A private and confidential process where a trained neutral mediator helps parties work together to find a resolution without going to trial.
mental health treatment
A court-ordered condition requiring someone to get evaluation or treatment for a mental health condition. This can include counseling, therapy, or prescribed medication.
misdemeanor
A less serious crime, usually punishable by one year or less in jail. (Compare to felony.)
mistrial
A trial that is declared invalid because of a major error. A new trial must start with a new jury.
moot
A case or issue that no longer needs a court ruling because the problem is resolved or no longer exists.
motion
A formal request made to a judge asking for a decision on an issue in a case.
motion to lift the automatic stay
A request by a creditor to take action against a debtor or their property despite the automatic stay in bankruptcy.
motion in limine
A request made before trial asking the judge to block certain evidence or topics from being presented because they would unfairly influence the jury.
N
no-asset
A Chapter 7 bankruptcy case where there are no assets available to pay unsecured creditors.
nolo contendere
Latin for "no contest." A plea that has the same result as a guilty plea in criminal sentencing but cannot be used as an admission of guilt in other proceedings.
nondischargeable debt
A debt that cannot be erased through bankruptcy. Examples include child support, alimony, certain taxes, most student loans, and debts from drunk driving accidents or criminal fines. Some debts, like those from fraud or false pretenses, can be declared nondischargeable only if a creditor files and wins a special court action.
nonexempt assets
Property that a debtor cannot protect in bankruptcy and that can be sold to pay creditors.
O
objection to dischargeability
A challenge by a trustee or creditor arguing that a debtor should not be released from certain debts, often due to fraud or false pretenses.
objection to exemptions
A challenge by a trustee or creditor arguing that certain property should not be protected (exempt) from being sold to pay creditors.
opinion
A judge’s written explanation of a court’s decision. In appellate courts, if all judges agree, one writes the opinion for the group. If not, the majority opinion reflects the decision, while other judges may write concurring opinions (agreeing with the result for different reasons) or dissenting opinions (disagreeing with the majority). Only the majority opinion is binding precedent.
oral argument
A session where lawyers present their case to the judges and answer the judges’ questions.
P
panel
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In appeals, a group of judges (usually three) assigned to decide a case.
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In jury selection, the group of potential jurors.
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A list of attorneys qualified and available to serve as court-appointed lawyers for criminal defendants who cannot afford their own counsel.
parole
The early release of a federal prison inmate after serving part of their sentence, supervised by a U.S. probation officer. (Parole was abolished under the Sentencing Reform Act of 1984, replaced by fixed sentencing guidelines.)
party in interest
Someone with the legal right to be heard in a bankruptcy case, such as the debtor, trustee, creditors, or U.S. trustee.
petition preparer
A non-lawyer business that prepares bankruptcy petitions.
per curiam
Latin for "for the court." An unsigned opinion issued by an appellate court.
peremptory challenge
A party’s right in a trial to exclude a limited number of prospective jurors without stating a reason.
petit jury (trial jury)
The group of citizens (usually 12 in criminal cases, 6 or more in civil) who hear evidence and decide facts in a trial.
petition
The document that starts a bankruptcy case, listing basic information about the debtor and the case.
petty offense
A minor federal crime punishable by six months or less in prison.
plaintiff
The person or business who files a lawsuit.
plan
A debtor’s detailed proposal for how debts will be paid over time.
plea
A criminal defendant’s formal answer to charges, usually “guilty” or “not guilty.” (See also nolo contendere.)
pleadings
Written legal documents filed by parties stating their claims and defenses.
postpetition transfer
A transfer of the debtor’s property made after bankruptcy begins.
prebankruptcy planning
Steps taken before filing bankruptcy to protect property, often by converting nonexempt assets into exempt assets.
precedent
A prior court decision on similar facts and legal issues that judges usually follow in later cases. Judges can disregard precedent if it was wrongly decided or differs significantly from the current case.
preferential debt payment
A payment made to a creditor shortly before bankruptcy that gives that creditor more than others would get.
presentence report
A report prepared by a probation officer summarizing a convicted person’s background to help the court decide the sentence.
pretrial conference
A meeting between the judge and lawyers to plan the trial and discuss evidence, witnesses, and settlement possibilities.
pretrial services
A court program that investigates defendants before trial to help decide if they should be released or detained pending trial.
priority
The order in which unsecured claims are paid in bankruptcy, based on the Bankruptcy Code’s ranking system.
priority claim
An unsecured claim that must be paid before other unsecured claims.
probation
A sentencing option where an offender is released under supervision instead of going to prison, with conditions they must follow.
probation officer
Court officers who prepare reports about defendants and supervise those on probation.
procedure
The rules for how lawsuits and court cases are conducted.
proof of claim
A written statement by a creditor explaining why the debtor owes money, including the amount.
pro per
Slang for a person representing themselves in court (same as pro se).
property of the estate
All property interests the debtor has when bankruptcy begins.
pro se
Representing yourself in court without an attorney.
prosecute
To bring criminal charges and try a case on behalf of the government.
pro tem
Temporary.
R
reaffirmation agreement
An agreement where a debtor promises to keep paying a debt that could be wiped out in bankruptcy, usually to keep property like a car or house.
record
The complete written files of a case, including all documents, evidence, and exhibits.
redemption
In Chapter 7 bankruptcy, a way for a debtor to keep property by paying the creditor the current value of the item and removing the creditor’s lien.
remand
To send a case back to a lower court for more action.
reverse
When a higher court overturns a lower court’s decision, often sending the case back for further proceedings.
S
sanction
A penalty used to enforce the law or rules.
schedules
Lists the debtor files showing their assets, debts, and financial details.
secured creditor
A creditor who has a claim backed by a lien on the debtor’s property (collateral).
secured debt
Debt backed by property, like a mortgage or car loan, that the creditor can claim if unpaid.
senior judge
A federal judge who has semi-retired but still hears cases part-time.
sentence
The punishment a court gives to a person convicted of a crime.
sentencing guidelines
Rules judges use to decide the appropriate punishment for a convicted defendant.
service of process
Officially delivering court documents to the right party.
settlement
When parties resolve a lawsuit without going to trial, usually with payment but no admission of fault.
sequester
To separate, such as keeping a jury isolated during deliberations.
small business case
A special Chapter 11 bankruptcy for small businesses with more oversight and fewer committees.
statement of financial affairs
A form where the debtor lists income sources, property transfers, lawsuits, and more.
statement of intention
A Chapter 7 debtor’s plan for handling secured debts.
standard of proof
The level of evidence needed to win a case—“beyond a reasonable doubt” in criminal cases; usually “preponderance of evidence” in civil cases.
statute
A law passed by a legislative body.
statute of limitations
The deadline to file a lawsuit or start criminal prosecution.
sua sponte
When a court takes action on its own, without a request from either side.
subordination
Ranking one person’s claims below others’.
subpoena
A court order requiring a witness to appear and testify.
subpoena duces tecum
A court order requiring a witness to appear and bring documents.
substance abuse treatment
A court-ordered program for drug or alcohol testing and counseling.
substantial abuse
When a court finds a debtor’s Chapter 7 bankruptcy filing unfair because the debtor can pay debts.
substantive consolidation
Combining two or more debtors’ assets and debts into one pool for creditors.
summary judgment
A court decision without trial because the facts aren’t disputed and the law favors one side.
supervised release
Court-ordered supervision after prison, added on top of the prison sentence, monitored by probation officers.
T
temporary restraining order (TRO)
A short-term court order stopping certain actions until a full hearing can happen. Similar to a preliminary injunction.
testimony
Evidence given orally by witnesses during trials or grand juries.
toll
See statute of limitations (deadline to file a lawsuit or prosecution).
tort
A civil wrong (not criminal), like injury or damage to a person or property, except breach of contract.
transfer
Any way a debtor gets rid of or parts with their property.
transcript
A written, word-for-word record of what was said during a trial, hearing, or deposition.
trustee
The person or company representing the bankruptcy estate to manage it for creditors. Duties include reviewing documents, recovering property, selling estate property (in Chapter 7), and overseeing payment plans (in Chapters 12 and 13).
typing service
A business that prepares bankruptcy petitions but is not authorized to practice law.
U
undersecured claim
A debt secured by property that is worth less than the amount owed.
undue hardship
A test to decide if a student loan can be discharged in bankruptcy. It requires that:
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The debtor can’t maintain a minimal standard of living if forced to repay.
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This hardship will likely continue for a significant part of the repayment period.
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The debtor tried in good faith to repay the loans.
unlawful detainer action
A landlord’s lawsuit to evict a tenant, usually for not paying rent.
unliquidated claim
A claim without a set dollar value.
unscheduled debt
A debt the debtor failed to list in bankruptcy papers. It might or might not be discharged, depending on the case.
unsecured claim
A debt with no special collateral or lien securing it; payment depends on the debtor’s ability to pay.
uphold
When an appellate court agrees with and lets stand the decision of a lower court.
U.S. attorney
A lawyer appointed by the President in each district to represent the federal government in court. They have a staff of Assistant U.S. Attorneys who handle individual cases.
U.S. trustee
A Justice Department official who supervises bankruptcy cases, estates, trustees, creditor committees, plans, fees, and other duties.
V
venue
The geographic area where a court has authority to hear a case. A change of venue moves a case to a different district.
verdict
The decision by a jury or judge about a defendant’s guilt or the outcome of a civil case.
voir dire
The jury selection process where prospective jurors are questioned to check their qualifications and possible biases.
voluntary transfer
When a debtor willingly transfers property with their consent.
W
wage garnishment
A legal action (outside bankruptcy) where a creditor takes part of a debtor’s future wages to pay a debt.
warrant
Court permission for law enforcement to search or arrest someone.
witness
Someone called to testify in court.
writ
A written court order telling someone to do or stop doing something.
writ of certiorari
An order from the U.S. Supreme Court telling a lower court to send records of a case for review on appeal.
writ of mandamus
A court order directing a government official, agency, or lower court to properly perform a mandatory duty they are legally required to complete. It is used when there is no other adequate remedy available and helps ensure that the law is followed.