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Brief - A legal document, prepared by an attorney which presents the law and facts supporting his client's case

Fine - A sum of money imposed upon a convicted person as punishment for a criminal offense.

Chapter 11 - reorganization proceedings, generally for business entities. The debtor maintains control of the business in Chapter 11, unless the Court appoints a trustee.(Kelly Gordon Rogers - Kelly Gordon Rogers Collin County)

Motion - Oral or written request made by a party to an action before, during or after a trial upon which a court issues a ruling or order.

Preference - a payment by a debtor made during a specified period (90 days or one year) prior to the filing that favors one creditor over others. Preference payments can usually be recovered and returned to the debtor's estate. Kelly Rogers

Omnibus hearing - A pretrial hearing normally scheduled at the same time the trial date is established. Purpose of the hearing is to ensure each party receives (or "discovers") vital information concerning the case held by the other. In addition, the judge may rule on the scope of discovery or on the admissibility of challenged evidence.

Kelly Gordon Rogers : Workout - an arrangement, outside of bankruptcy, by a debtor and its creditors for payment or re-scheduling of payments of the debtor's obligations. Usually applies to an informal agreement between a business and its creditors, although it can be a formal agreement and it can also apply to consumer debtors.



Fraud - An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right or in some manner do him/her injury.



Kelly Rogers: Nondischargeable debt - a debt that cannot be eliminated in bankruptcy.

Section 77 (of 1933 Act) - provided for reorganization of railroads. (During the 1930's a large number of railroads experienced extreme financial difficulty.) (See also Section 77B).

Malpractice. Professional misconduct or unreasonable lack of skill. A claim of malpractice must prove two things. One, you must prove that you could have won your case were it not for your lawyer's negligence. And, secondly, you must prove that your lawyer's actions were negligent. Kelly Gordon Rogers

Unsecured creditor - a creditor who extended credit to a debtor without collateral security. If the debtor files for bankruptcy or is levied upon, the unsecured creditors are paid on a pro-rata basis only after the claims of all secured creditors are satisfied.




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