Kelly Gordon Rogers about Interrogatories

Involuntary bankruptcy - a bankruptcy initiated by at least three creditors holding unsecured claims aggregating at least ,000 against the debtor. Data from the U.S. Administrative Office of the Courts subdivides bankruptcies into voluntary and involuntary.

Personal bankruptcy - filed by an individual and also called a household bankruptcy, consumer bankruptcy or wage-earner bankruptcy. (see Chapter 13 and also Chapter 12).(11 September 2007 - Online article Kelly Gordon Rogers )

Criminal law - Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law.

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

Going concern value - what a company is worth if sold as a continuing business, as opposed to its liquidation value.

Absolute priority - the order of payment to the different classes of creditors mandated by the Bankruptcy Code. Claimants with higher priority are paid in full before other claims receive anything. Junior creditors and shareholders are paid after senior creditors. Specifically, the usual order is: first, administrative claims; second, statutory priority claims such as tax claims, rent claims, consumer deposits, and unpaid wages and benefits from before the filing; third, secured creditors' claims; fourth, unsecured creditors' claims and fifth, equity claims.Kelly Gordon Rogers

Unsecured claim - a claim or debt for which a creditor holds no special assurance of payment; a debt for which credit was extended based solely upon the creditor’s assessment of the debtor’s future ability to pay.

Filing fees - as of January 1, 2007, for Chapter 7 the fee is 9, for Chapter 11 it is ,039, for Chapter 12 it is 9 and for Chapter 13 it is 4. (07 December 2007 Kelly Gordon Rogers )

Kelly Gordon Rogers article


Interrogatories - Written questions developed by one party's attorney for the opposing party. Interrogatories must be answered under oath within a specific period of time.

Chapter 7 Trustee - a person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the unsecured creditors.( 05 July 2010 Online press Kelly Gordon Rogers )


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Kelly G. Rogers Law Blog - Verdict ia the formal decision made by a judge

Receiver - particularly in foreign proceedings, or state court proceedings, a person appointed by the court to take custody of a debtor's property.

Defense attorney - The attorney who represents the defendant.(14 March 2009 - Blog article Kelly Gordon Rogers )

Liquidation - the dissolution of a company, or individual; usually operations cease and assets are sold by auction; Chapter 7 is usually employed for liquidations, businesses or individuals.

Interrogatories - Written questions developed by one party's attorney for the opposing party. Interrogatories must be answered under oath within a specific period of time.

Attorney of record - An attorney , named in the records of a case, who is responsible for handling the cause on behalf of the party he represents.

Bankruptcy Code - the name given to the statutory body of bankruptcy laws after the Bankruptcy Reform Act of 1978.Kelly Gordon Rogers

NOL (net operating loss) - (see tax loss carry-forward)

Dismissal with prejudice - Dismissal of a case by a judge which bars the losing losing party from raising the issue again in another lawsuit. (22 July 2010 Kelly Gordon Rogers )

Kelly Gordon Rogers article


Straight bankruptcy - an informal term for a Chapter 7 bankruptcy or liquidation; used more commonly to describe liquidation before the Bankruptcy Reform Act of 1978.

Verdict - Formal decision made by a judge or jury (trier of facts).( 25 December 2007 Blog article Kelly Gordon Rogers )


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Kelly G. Rogers - Cramdown

Court commissioner - A judicial officer at both trial and appellate court levels who performs many of the same duties as judges and justices.

Bankruptcy Amendments of 1984 - a set of amendments to the Bankruptcy Reform Act of 1978. The Amendments contain a number of provisions including: limiting the jurisdiction of the bankruptcy court, limiting the right of companies to invalidate labor contracts while in bankruptcy and providing for the prevention of "substantial abuse."(21 April 2009 - Press article Kelly Gordon Rogers )

VCIS (Voice Case Information System) - a touchtone telephone service provided by the court system that gives case filing information.

Omnibus hearing - an omnibus hearing is a Court hearing at which the Court may hear a variety of different matters relating to one particular case.

Bankruptcy petition - the document filed with the court to initiate a bankruptcy proceeding.

United States Trustee - an agent of the U.S. Department of Justice appointed to assist in bankruptcy cases. The U.S. Trustee administers many of the duties of the court including appointing committees, appointing trustees and examiners, scrutinizing bankruptcy documents, etc. The United States Trustee Program began in 1979. Presently, it covers all federal judicial districts except for North Carolina and Alabama, which were originally scheduled to be included in October of 2002, but whose inclusion Congress has extended indefinitely.Kelly Gordon Rogers

Witness - Person who testifies under oath before a court, regarding what he/she has seen, heard or otherwise observed.

Remand - To send back. A disposition by an appellate court that results in sending the case back to the original court from which it came for further proceedings. (13 December 2007 Kelly Gordon Rogers )

Kelly Gordon Rogers article


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.

Cramdown - confirmation of a plan of reorganization over the objections of one or more classes of creditors.( 26 September 2009 Blog article Kelly Gordon Rogers )


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Kelly G. Rogers Defense attorney

Chapter 7 - liquidation proceedings; generally assets are sold by a trustee and the company ceases operation. Individuals may file Chapter 7 also.

Mistrial - Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury.(25 January 2008 - Press article Kelly Gordon Rogers )

Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.

Judge pro tem - Temporary judge.

Plea - A defendant's official statement of "guilty" or "not guilty" to the charge(s) made against him.

Dismissal with prejudice - Dismissal of a case by a judge which bars the losing losing party from raising the issue again in another lawsuit.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.

Proceeding - Any hearing or court appearance related to the adjudication of a case.
Record - 1. To preserve in writing, print or by film, tape, etc. 2. History or a case. 3. The word-for-word (verbatim) written or tape recorded account of all proceedings of a trial. (26 May 2010 Kelly Gordon Rogers )

Kelly Gordon Rogers article


Defense attorney - The attorney who represents the defendant.

Secured creditors - one of two general types of creditors of a company. Secured creditors have a lien on property of the company.( 01 January 2008 Online article Kelly Gordon Rogers )


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Kelly G. Rogers - Certiorari

Settlement - 1. Conclusion of a legal matter. 2. Compromise agreement by opposing parties in a civil suit before judgment is made, eliminating the need for the judge to resolve the controversy.

Fee examiner - appointed by the court to monitor fees paid to professionals in bankruptcy cases.(07 August 2010 - Blog article Kelly Gordon Rogers )

Secured creditors - one of two general types of creditors of a company. Secured creditors have a lien on property of the company.

Contempt of court - Any act that is meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed in the presence of the court; indirect contempt is when a lawful order is not carried out or refused.

Set aside - Annul or void as in "setting aside" a judgment.

Criminal law - Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law.Kelly Gordon Rogers

Receiver - particularly in foreign proceedings, or state court proceedings, a person appointed by the court to take custody of a debtor's property.

Discharge (of indebtedness) - the satisfaction or elimination of the debts of the debtor by the bankruptcy court. (13 August 2010 Kelly Gordon Rogers )

Kelly Gordon Rogers article


Fresh start - informal term for the new accounting rules applicable to bankrupt companies. For companies that either filed for Chapter 11 after January 1991 or emerged from Chapter 11 after June 1991, assets are valued at market value rather than at historical cost.

Certiorari - Procedure for removing a case from a lower court or administrative agency to a higher court for review.( 01 March 2010 Online press article Kelly Gordon Rogers )


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Tranches - a piece, portion or slice of a deal or structured financing. This portion is one of several related securities that are offered at the same time but have different risks, rewards and/or maturities. "Tranche" is the French word for "slice."

Discovery - A pretrial proceeding where a party to an action may be informed about (or "discover") the facts known by other parties or witnesses.(11 November 2007 - Blog article Kelly Gordon Rogers )

Common law - Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law."

Adversary system - Basic U.S. trial system in which each of the opposing parties has opportunity to state his viewpoints before the court. Plaintiff argues for defendant's guilt (criminal) or liability (civil). Defense argues for defendant's innocence (criminal) or against liability civil)

Fact-findinq hearing - A proceeding where facts relevant to deciding a controversy are determined.

Opinion - statement of decision by a judge or court regarding a case tried before it. Published opinions are printed because they contain new legal interpretations. Unpublished opinions, based on legal precedent, are not printed.Kelly Gordon Rogers

Polling the jury - A practice whereby the jurors are asked individually whether they agreed, and still agree, with the verdict.

Counter claim - Claim presented by a defendant in opposition to, or deduction from, the claim of the plaintiff. (30 January 2010 Kelly Gordon Rogers )

Kelly Gordon Rogers article


Crime - Conduct declared unlawful by a legislative body and for which there is a punishment of a jail or prison term, a fine or both.

Respondent - 1. Party against whom an appeal is brought in an appellate court. the prevailing party in the trial court case. 2. A juvenile offender.( 21 August 2007 Online article Kelly Gordon Rogers )


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Kelly Gordon Rogers Online Article about Bankruptcy petition

Bankruptcy petition - the document filed with the court to initiate a bankruptcy proceeding.
Motion to lift automatic stay - a request by a creditor to allow the creditor to take an action against a debtor or the debtor’s property that would otherwise be prohibited by the automatic stay.(02 August 2008 - Press article Kelly Gordon Rogers )
"Chapter 22" - an unofficial term describing a company that has filed for Chapter 11 twice.

Preponderance of evidence - The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.
Joinder - joinder in civil law falls under two categories: joinder of claims, and joinder of parties. Joinder of claims is addressed in U.S. law by the Federal Rules of Civil Procedure No. 18(a). That Rule allows claimants to consolidate all claims that they have against an individual who is already a party to the case. Claimants may bring new claims even if these new claims are not related to the claims already stated. Note that joinder of claims is never compulsory (i.e., joinder is always permissive), and that joinder of claims requires that the court's subject matter jurisdiction requirements regarding the new claims be met for each new claim.
First meeting of creditors (341 meeting) - a mandatory meeting between creditors and the debtor. It is usually held within a month of the filing of bankruptcy but often occurs later when the debtor has filed its schedules of financial information.Kelly Gordon Rogers

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.
Service - Delivery of a legal document to the opposite party. (07 August 2007 Kelly Gordon Rogers )

Kelly Gordon Rogers article

Code - A collection, compendium or revision of laws systematically arranged into chapters, table of contents and index and promulgated by legislative authority.
Statute - A law created by the Legislature.( 18 July 2009 Online article Kelly Gordon Rogers )


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Kelly Gordon Rogers about Automatic stay

Automatic stay - the suspension of actions, such as debt collection or foreclosure, against the company in bankruptcy. This occurs automatically when a bankruptcy petition is filed. This action protects the debtor from creditors seeking to seize its assets. It protects some creditors in that it prevents one creditor from obtaining an excessive share of the assets of the bankrupt company to the exclusion of the other creditors.
Courts of limited jurisdiction - Includes district, municipal and police courts.(20 February 2007 - Online article Kelly Gordon Rogers )
Moot - Unsettled; undecided. A moot point is one not settled by judicial decisions.

Negligence - The absence of ordinary care.
Cramdown - confirmation of a plan of reorganization over the objections of one or more classes of creditors.
Petition - (or bankruptcy petition or petition for relief) - the document that comm-ences a bankruptcy proceeding.Kelly Gordon Rogers

Bankruptcy Reform Act of 1994 - the most comprehensive piece of bankruptcy legislation since the Bankruptcy Reform Act of 1978. It was signed into law on October 22, 1994 with most provisions effective immediately. Included in the 1994 Act are the following provisions to expedite bankruptcy proceedings, provisions to standardize fees, provisions to encourage individual debtors to use Chapter 13 to reschedule their debts rather than use Chapter 7 to liquidate, provisions to aid creditors in recovering claims against bankrupt estates, and creation of a National Bankruptcy Commission to investigate further changes in bankruptcy law; etc.
Injure - 1. Hurt or harm 2. Violate the legal rights of another person. (07 June 2009 Kelly Gordon Rogers )

Kelly Gordon Rogers article

Chapter 15 - the chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. It was formerly known as Section 304.
Interim order - a temporary order of the court pending a hearing, trial, a final order or while awaiting an act by one of the parties.( 14 December 2006 Online press article Kelly Gordon Rogers )


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Kelly Gordon Rogers about Limited jurisdiction

Complaint - 1. (criminal) Formal written charge that a person has committed a criminal offense. 2. (civil) Initial document entered by the plaintiff which states the claims against the defendant.
Hearing - An in-court proceeding before a judge, generally open to the public.(30 April 2007 - Online press Kelly Gordon Rogers )
Liquidating reorganization - an informal term for a Chapter 11 proceeding when the company is essentially liquidated through one or more asset sales.

Limited jurisdiction - Refers to courts that are limited in the types of criminal and civil cases they may hear. District, municipal and police courts are courts of limited jurisdiction.
Arrangement - may refer to a variety of formal or informal agreements concerning the conditions under which a bankrupt company may operate; often, it refers to an extension of time in which debt can be paid off. This was the term used under the old Chapter XI.
Attorney at law - A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding.Kelly Gordon Rogers

Petition - Written application to a court requesting a remedy available under law.
NOL (net operating loss) - (see tax loss carry-forward) (16 April 2008 Kelly Gordon Rogers )

Kelly Gordon Rogers article

Power of attorney - Document authorizing another to act as one's agent or attorney in fact (not an attorney at law).
Petition - (or bankruptcy petition or petition for relief) - the document that comm-ences a bankruptcy proceeding.( 27 December 2007 Blog article Kelly Gordon Rogers )


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Kelly Gordon Rogers - joinder of claims

Damages - Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another.
Skeleton filing - term used in bankruptcy courts to describe a bankruptcy filing in which not all the necessary forms have been filed. Certain courts allow a case to commence if only certain important forms are filed so long as the balance of required forms are forthcoming within a certain period of time.(11 October 2008 - Online blog Kelly Gordon Rogers )
Criminal law - Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law.

Overrule - 1. Court's denial of any motion or point raised to the court. 2. To overturn or void a decision made in a prior case.
Chapter 15 - the chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. It was formerly known as Section 304.
Section 304 - the former section of the U.S. Bankruptcy code that handled multi-national bankruptcies only a few of which were filed each year. This section no longer exists; it has been replaced by Chapter 15.Kelly Gordon Rogers

"Chapter 20" - an unofficial term describing the filing of a Chapter 7 proceeding followed by a Chapter 13. The Chapter 7 filing eliminates unsecured debts while the Chapter 13 filing handles continuing liens.
Cause of action - A legal claim. (08 December 2009 Kelly Gordon Rogers )

Kelly Gordon Rogers article

Joinder - joinder in civil law falls under two categories: joinder of claims, and joinder of parties. Joinder of claims is addressed in U.S. law by the Federal Rules of Civil Procedure No. 18(a). That Rule allows claimants to consolidate all claims that they have against an individual who is already a party to the case. Claimants may bring new claims even if these new claims are not related to the claims already stated. Note that joinder of claims is never compulsory (i.e., joinder is always permissive), and that joinder of claims requires that the court's subject matter jurisdiction requirements regarding the new claims be met for each new claim.
Absolute priority - the order of payment to the different classes of creditors mandated by the Bankruptcy Code. Claimants with higher priority are paid in full before other claims receive anything. Junior creditors and shareholders are paid after senior creditors. Specifically, the usual order is: first, administrative claims; second, statutory priority claims such as tax claims, rent claims, consumer deposits, and unpaid wages and benefits from before the filing; third, secured creditors' claims; fourth, unsecured creditors' claims and fifth, equity claims.( 06 February 2007 Press article Kelly Gordon Rogers )


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Kelly Gordon Rogers article

Bankruptcy - A legal proceeding where a person or business is relieved of paying certain debts.
General jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear. Superior courts are courts of general jurisdiction.(20 June 2009 - Online press article Kelly Gordon Rogers )
Avoidance power - the power of the court to invalidate certain obligations or transactions undertaken by a debtor prior to filing bankruptcy. It is generally intended to reverse transfers of property that favor one creditor over another.

Bankruptcy Court - the federal tribunal where cases under the Bankruptcy Code are litigated.
Opening statement - The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.
Hung Jury - A jury whose members cannot agree on a verdict.Kelly Gordon Rogers

Liquidated claim - a creditor’s claim for a fixed amount of money,
Reorganization - the resolving of a Chapter 11 bankruptcy by the emergence of the debtor as a viable business. Generally, the company agrees with creditors on a plan for payment of their claims (plan of reorganization) and emerges from Chapter 11 after the plan is confirmed by the court. (09 March 2009 Kelly Gordon Rogers )

Kelly Gordon Rogers article

Hypothetical question - A combination of facts and circumstances, assumed or proved, stated in such a form as to constitute a coherent state of facts upon which the opinion of an expert can be asked by way of evidence in a trial.
Secured debt - debt backed by a mortgage, pledge of collateral or other lien. It is debt for which the creditor has the right to pursue specific pledged property upon default.( 10 January 2009 Blog article Kelly Gordon Rogers )


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Bankruptcy - A legal proceeding where a person or business is relieved of paying certain debts.
Intervention - Proceeding in a suit where a third person is allowed, with the court's permission, to join the suit as a party.(16 July 2009 - Press article Kelly Gordon Rogers )
Common law - Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law."

Attorney at law - A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding.
Schedules - list submitted by the debtor along with the petition (or shortly thereafter) showing the debtor’s assets, liabilities, and other financial information.
Retired Benefits Bankruptcy Protection Act - passed June 16, 1988. This allows the debtor to continue to pay insurance premiums for employees during the course of a bankruptcy.Kelly Gordon Rogers

Judgment - Final determination by a court of the rights and claims of the parties in an action.
Instruction - Direction given by a judge regarding the applicable law in a given case. (09 April 2009 Kelly Gordon Rogers )

Kelly Gordon Rogers article

Testimony - Any statement made by a witness under oath in a legal proceeding.
Courts of limited jurisdiction - Includes district, municipal and police courts.( 14 May 2009 Blog article Kelly Gordon Rogers )


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Chapters X, XI and XII - before Chapter 11 of the Bankruptcy Reform Act of 1978, these three chapters of bankruptcy existed for company bankruptcies that involved reorganization. Chapter X involved reorganization for larger companies that held public debt or equity. Chapter XI was for readjustment of debts of smaller, non-publicly held companies, and Chapter XII was for companies with extensive holdings of real property.
Record on appeal - The portion of the record of a court of limited jurisdiction necessary to allow a superior court to review the case.(01 March 2010 - Online article Kelly Gordon Rogers )
Brief - A legal document, prepared by an attorney which presents the law and facts supporting his client's case

Bankruptcy administrator - an officer of the judiciary serving the judicial districts of Alabama and North Carolina who, like a United States trustee, is responsible for supervising the administration of bankruptcy cases, estates and trustees; monitoring plans and disclosure statements, creditor committees and fee applications and performing other statutory duties.
Secured debt - debt backed by a mortgage, pledge of collateral or other lien. It is debt for which the creditor has the right to pursue specific pledged property upon default.
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).Kelly Gordon Rogers

Settlement conference - A meeting between parties of a lawsuit, their counsel and a judge to attempt a resolution of the dispute without trial.
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. (09 November 2008 Kelly Gordon Rogers )

Kelly Gordon Rogers article

Objection - Statement by an attorney taking exception to testimony or the attempted admission of evidence and opposing its consideration as evidence.
Class - each of the different categories of claims against a debtor.( 26 January 2009 Online blog Kelly Gordon Rogers )


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Rebuttal - The introduction of contradicting or opposing evidence showing that what witnesses said occurred is not true, the stage of a trial at which such evidence may be introduced.
Instruction - Direction given by a judge regarding the applicable law in a given case.(12 September 2009 - Blog article Kelly Gordon Rogers )
Law clerks - Persons trained in the law who assist the judges in researching legal opinions.

Hearing - An in-court proceeding before a judge, generally open to the public.
Plaintiff - a person or business that files a formal complaint with the court.
Effective date - the date on which a plan of reorganization is implemented. It usually occurs after all the conditions to a plan of reorganization have been satisfied.Kelly Gordon Rogers

Bar date - the last date that creditors may file a claim against the debtor.
Examiner - a professional appointed by the bankruptcy court to investigate and oversee certain aspects of the debtor or the proceedings. (By way of comparison, the role of the trustee is to operate the business of the debtor whereas the role of the examiner is to investigate and report to the court.) (19 November 2007 Kelly Gordon Rogers )

Kelly Gordon Rogers article

Cramdown - confirmation of a plan of reorganization over the objections of one or more classes of creditors.
Bankruptcy Act of 1934 - a further statutory expansion of reorganization for companies; (see Section 77B); the Bankruptcy Act of 1933 and the Bankruptcy Act of 1934 were superseded by the Chandler Act of 1938.( 19 March 2008 Press article Kelly Gordon Rogers )


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Kelly Gordon Rogers - Reverse leveraged buyout

Kelly Gordon Rogers

Reverse leveraged buyout - when a company that was a leveraged buyout restructures its (usually unmanageable) debt by issuing new equity (usually in exchange for some or all of the outstanding debt incurred during the original leveraged buyout). Kelly Gordon Rogers
Tort - An injury or wrong committed, with or without force, to the person or property of another, which gives rise to a claim for damages.
Common law - Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law."
Executory contract - a contract in which some or all of the obligations of each party have not yet been completed. The debtor-in-possession (or trustee) is allowed to reject unilaterally certain executory contracts.
Kelly Gordon Rogers: Due process - Constitutional guarantee that an accused person receive a fair and impartial trial.

En banc "On the bench." All judges of a court sitting together to hear a case.
Courts of limited jurisdiction - Includes district, municipal and police courts.

Kelly Gordon Rogers

Exception - A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal.
Settlement conference - A meeting between parties of a lawsuit, their counsel and a judge to attempt a resolution of the dispute without trial. Kelly Gordon Rogers
Civil law - All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights.
Kelly Gordon Rogers Injure - 1. Hurt or harm 2. Violate the legal rights of another person.


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Kelly Gordon Rogers Online Article - General jurisdiction

Kelly Gordon Rogers

Costs - An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees. Kelly Gordon Rogers
Challenge for cause - A request by a party that the court excuse a specific juror on the basis that the juror is biased.
General jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear. Superior courts are courts of general jurisdiction.
Administrative claim (or administrative expense claim) - debt incurred by the debtor, with court approval, after the bankruptcy filing including: necessary costs of preserving the estate, wages, salaries, court costs, lawyers' fees, accountants' fees, trustees' expenses, etc.
Kelly Gordon Rogers: First meeting of creditors (341 meeting) - a mandatory meeting between creditors and the debtor. It is usually held within a month of the filing of bankruptcy but often occurs later when the debtor has filed its schedules of financial information.
Statute of limitations - Law which specifies the time within which parties must take judicial action to enforce their rights.

Kelly Gordon Rogers

Automatic stay - the suspension of actions, such as debt collection or foreclosure, against the company in bankruptcy. This occurs automatically when a bankruptcy petition is filed. This action protects the debtor from creditors seeking to seize its assets. It protects some creditors in that it prevents one creditor from obtaining an excessive share of the assets of the bankrupt company to the exclusion of the other creditors.
Lay - non-professional; for example: a lawyer would call a non-lawyer a lay person and a doctor would call a non-doctor a lay person. Kelly Gordon Rogers
Lien - a charge upon a specific property designed to secure payment of a debt or performance of an obligation.
Kelly Gordon Rogers Assume - an agreement to continue performing duties under a contract or lease.


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Kelly Gordon Rogers - Contempt of court

Kelly Gordon Rogers

Lay - non-professional; for example: a lawyer would call a non-lawyer a lay person and a doctor would call a non-doctor a lay person. Kelly Gordon Rogers
Claims - rights to repayment made by creditors against a debtor; they may be liquidated, unliquidated, fixed, contingent, matured, unmatured, secured, unsecured, subordinated, legal or equitable. (See priority of claims.)
Enjoin - To require a person to perform, or abstain or desist from some act.
Contempt of court - Any act that is meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed in the presence of the court; indirect contempt is when a lawful order is not carried out or refused.
Kelly Gordon Rogers: 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.
Chapter 7 - liquidation proceedings; generally assets are sold by a trustee and the company ceases operation. Individuals may file Chapter 7 also.

Kelly Gordon Rogers

Tax loss carry-forward - losses, for tax purposes, that can be carried forward and applied to reduce taxable income in future years. The Tax Reform Act of 1986 imposed stringent restrictions on the use of tax loss carry-forwards.
Bankruptcy estate - all legal or equitable interests of the debtor in property at the time of the bankruptcy filing. The estate includes all property in which the debtor has an interest, even if it is owned or held by another person. Kelly Gordon Rogers
Parties - Persons, corporations, or associations, who have commenced a law suit or who are defendants.
Kelly Gordon Rogers Discovery procedures - used to obtain disclosure of evidence before trial.


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Kelly Gordon Rogers

Distressed - used to describe securities, companies and related items in or near bankruptcy or insolvency. The term does not have a strict, technical or legal definition. For example, a distressed security might be a security where the issuer has defaulted or a security that is selling at a substantially discounted price where a default is expected in the future. Kelly Gordon Rogers
Chapter 9 - bankruptcies of municipalities; only a few of these are filed each year.
Judge pro tem - Temporary judge.
Period of exclusivity - (see exclusivity)
Kelly Gordon Rogers: Bankruptcy mill - a business not authorized to practice law that provides bankruptcy counseling and prepares bankruptcy petitions.
Offer -1. To make a proposal ; to present for acceptance or rejection.2.To attempt to have something admitted into evidence in a trial; to introduce evidence 3. An "offer" in contract law is a proposal to make a deal.It must be communicated successfully from the person making it to the person to whom it is made and it must be the person to whom it is made and it must be definite and reasonably certain in its terms.

Kelly Gordon Rogers

Business bankruptcy - a bankruptcy case in which the debtor is a business or an individual with business related debt. Data from the U.S. Administrative Office of the Courts subdivides bankruptcies into business and non-business.
Rule 2004 - (see Bankruptcy Rule 2004) Kelly Gordon Rogers
Parties - Persons, corporations, or associations, who have commenced a law suit or who are defendants.
Kelly Gordon Rogers Transcript - The official record or proceedings in a trial or hearing, which is kept by the clerk.


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Kelly Gordon Rogers - Presiding judge

Kelly Gordon Rogers

Presiding judge - Chief or administrative judge of a court. Kelly Gordon Rogers
Opinion, per curiam - Phrase used to distinguish an opinion of the whole court from an opinion written by only one judge.
Deposition - Sworn testimony taken and recorded in an authorized place outside of the courtroom, according to the rules of the court.
Kelly Gordon Rogers: Bankruptcy Amendments of 1984 - a set of amendments to the Bankruptcy Reform Act of 1978. The Amendments contain a number of provisions including: limiting the jurisdiction of the bankruptcy court, limiting the right of companies to invalidate labor contracts while in bankruptcy and providing for the prevention of "substantial abuse."

Kelly Gordon Rogers

Stalking horse - this is the name given to the party submitting the first bid to purchase assets. The stalking horse bid can be used to solicit interest from other bidders and also acts as an indicator for what will be realized on the auction floor.
Liquidation - the dissolution of a company, or individual; usually operations cease and assets are sold by auction; Chapter 7 is usually employed for liquidations, businesses or individuals. Kelly Gordon Rogers
Court commissioner - A judicial officer at both trial and appellate court levels who performs many of the same duties as judges and justices.
Kelly Gordon Rogers Motion to lift automatic stay - a request by a creditor to allow the creditor to take an action against a debtor or the debtor’s property that would otherwise be prohibited by the automatic stay.


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Kelly Gordon Rogers - Adversary system

Kelly Gordon Rogers

Adversary system - Basic U.S. trial system in which each of the opposing parties has opportunity to state his viewpoints before the court. Plaintiff argues for defendant's guilt (criminal) or liability (civil). Defense argues for defendant's innocence (criminal) or against liability civil) Kelly Gordon Rogers
Pleadings - Formal, written allegations by the parties of their respective claims.
Closing argument - The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.
Kelly Gordon Rogers: Liquidating reorganization - an informal term for a Chapter 11 proceeding when the company is essentially liquidated through one or more asset sales.

Kelly Gordon Rogers

Grand Jury - A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals.
Costs - An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees. Kelly Gordon Rogers
Reversal - Setting aside, annulling, vacating or changing to the contrary the decision of a lower court or other body.
Kelly Gordon Rogers Voir dire - (pronounced "vwar-deer") - "To speak the truth." The process of preliminary examination of prospective jurors, by the court or attorneys, regarding their qualifications.


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Kelly Gordon Rogers - Petition preparer

Kelly Gordon Rogers

Petition preparer - a business not authorized to practice law that prepares bankruptcy petitions. Kelly Gordon Rogers
Caseload - The number of cases a judge handles in a specific time period.
Bankruptcy Code - the name given to the statutory body of bankruptcy laws after the Bankruptcy Reform Act of 1978.
Kelly Gordon Rogers: Guardian ad litem - A person appointed by a court to manage the interests of a minor or incompetent person whose property is involved in litigation.

Kelly Gordon Rogers

"Chapter 33" - an unofficial term describing a company that has filed for Chapter 11 three times.
Damages - Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another. Kelly Gordon Rogers
Bankrupt - the entity that files a bankruptcy; the debtor; the insolvent entity. This is a non-technical term and is not used in the Bankruptcy Code.
Kelly Gordon Rogers Respondent - 1. Party against whom an appeal is brought in an appellate court. the prevailing party in the trial court case. 2. A juvenile offender.


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Kelly Gordon Rogers Online Article

Kelly Gordon Rogers

Costs - An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees. Kelly Gordon Rogers
Court - 1. Place where justice is administered. 2. Judge or judges sitting on the court administering justice.
Cause of action - A legal claim.
Limited jurisdiction - Refers to courts that are limited in the types of criminal and civil cases they may hear. District, municipal and police courts are courts of limited jurisdiction.
Kelly Gordon Rogers: Jury - Specific number of people (usually 6 or 12), selected as prescribed by law to render a decision (verdict) in a trial.
Juror - Member of a jury.

Kelly Gordon Rogers

Bankruptcy petition - the document filed with the court to initiate a bankruptcy proceeding.
Exclusivity (period of) - a debtor in Chapter 11 has the exclusive right to file a plan of reorganization for the first 120 days of its bankruptcy. Thereafter, unless the period of exclusivity is extended by the court, other parties may file reorganization plans. Kelly Gordon Rogers
Bankruptcy Rule 2004 - a provision of the Bankruptcy Code that allows one party in a bankruptcy proceeding to compel discovery or other examination against another party.
Kelly Gordon Rogers Reasonable doubt - An accused person is entitled to acquittal if, in the minds of the jury, his guilt has not been proved beyond a "reasonable doubt". That state of mind of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.


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Kelly Gordon Rogers - Caption

Kelly Gordon Rogers

Evidence - Any form of proof legally presented at a trial through witnesses, records, documents, etc. Kelly Gordon Rogers
Appearance - 1. The formal proceeding by which a defendant submits to the jurisdiction of the court. 2. A written notification to the plaintiff by an attorney stating the he is representing the defendant.
Caption- The caption of a pleading, or other papers connected with a case in court, is the heading or introductory clause which shows the names of the parties, name of the court, number of the case, etc.
Kelly Gordon Rogers: Opinion, per curiam - Phrase used to distinguish an opinion of the whole court from an opinion written by only one judge.

Kelly Gordon Rogers

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.
Instruction - Direction given by a judge regarding the applicable law in a given case. Kelly Gordon Rogers
Personal bankruptcy - filed by an individual and also called a household bankruptcy, consumer bankruptcy or wage-earner bankruptcy. (see Chapter 13 and also Chapter 12).
Kelly Gordon Rogers Involuntary bankruptcy - a bankruptcy initiated by at least three creditors holding unsecured claims aggregating at least ,000 against the debtor. Data from the U.S. Administrative Office of the Courts subdivides bankruptcies into voluntary and involuntary.


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Kelly Gordon Rogers about Final determination

Kelly Gordon Rogers

Perjury - Making intentionally false statements under oath. Perjury is a criminal offense. Kelly Gordon Rogers
Business failure - (see failure)
Alleged - (allegation) Stated; recited; claimed; asserted; charged.
Secured debt - debt backed by a mortgage, pledge of collateral or other lien. It is debt for which the creditor has the right to pursue specific pledged property upon default.
Kelly Gordon Rogers: Record on appeal - The portion of the record of a court of limited jurisdiction necessary to allow a superior court to review the case.
Proceeding - Any hearing or court appearance related to the adjudication of a case.
Record - 1. To preserve in writing, print or by film, tape, etc. 2. History or a case. 3. The word-for-word (verbatim) written or tape recorded account of all proceedings of a trial.

Kelly Gordon Rogers

Judgment - Final determination by a court of the rights and claims of the parties in an action.
Costs - An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees. Kelly Gordon Rogers
Court superior - State trial court of general jurisdiction.
Kelly Gordon Rogers Adversary proceeding - a lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the bankruptcy court.


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Kelly Gordon Rogers Court supreme Article

Kelly Gordon Rogers

Court supreme - "Court of last resort." Highest court in the state and final appellate court. Kelly Gordon Rogers
Joint administration - the combining of two or more bankruptcy proceedings for administrative convenience. Frequently, the cases of affiliated entities are jointly administered. Joint administration does not necessarily result in substantive consolidation. (See substantive consolidation.)
Peremptory challenge - Procedure which parties in an action may use to reject prospective jurors without giving reason. Each side is allowed a limited number of such challenges.
Evidence - Any form of proof legally presented at a trial through witnesses, records, documents, etc.
Kelly Gordon Rogers: Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.
Plaintiff - a person or business that files a formal complaint with the court.

Kelly Gordon Rogers

Perjury - Making intentionally false statements under oath. Perjury is a criminal offense.
Certificate under penalty of perjury - A written statement, certified by the maker as being under penalty of perjury. In many circumstances, it may be used in lieu of an affidavit. Kelly Gordon Rogers
Creditor - a person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.
Kelly Gordon Rogers Adjudication - A judgment or decree


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Kelly Gordon Rogers Law Article

Kelly Gordon Rogers

Reverse leveraged buyout - when a company that was a leveraged buyout restructures its (usually unmanageable) debt by issuing new equity (usually in exchange for some or all of the outstanding debt incurred during the original leveraged buyout). Kelly Gordon Rogers
Tort - An injury or wrong committed, with or without force, to the person or property of another, which gives rise to a claim for damages.
Common law - Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law."
Executory contract - a contract in which some or all of the obligations of each party have not yet been completed. The debtor-in-possession (or trustee) is allowed to reject unilaterally certain executory contracts.
Kelly Gordon Rogers: Due process - Constitutional guarantee that an accused person receive a fair and impartial trial.

En banc "On the bench." All judges of a court sitting together to hear a case.
Courts of limited jurisdiction - Includes district, municipal and police courts.

Kelly Gordon Rogers

Exception - A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal.
Settlement conference - A meeting between parties of a lawsuit, their counsel and a judge to attempt a resolution of the dispute without trial. Kelly Gordon Rogers
Civil law - All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights.
Kelly Gordon Rogers Injure - 1. Hurt or harm 2. Violate the legal rights of another person.


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Kelly Gordon Rogers - Fact-findinq hearing

Kelly Gordon Rogers

Exchange offer - an offer by an issuer of debt securities to exchange new securities with less onerous provisions for currently outstanding securities. Companies often make exchange offers in an attempt to avoid bankruptcy. Kelly Gordon Rogers
Mitigating circumstances - Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.
Bankruptcy Tax Act of 1980 - the Bankruptcy Reform Act of 1978 did not specify how certain tax matters concerning bankruptcies should be handled. The Bankruptcy Tax Act of 1980 was passed to specify the tax treatment of bankruptcy tax issues. It specifies the tax treatment of, among other things, tax loss carry-forwards and exchanges of equity for debt.
Kelly Gordon Rogers: Docket - the schedule on which the clerk of the court records all motions, pleadings, memoranda, orders and all other court filings.

Kelly Gordon Rogers

Bankruptcy petition - the document filed with the court to initiate a bankruptcy proceeding.
Straight bankruptcy - an informal term for a Chapter 7 bankruptcy or liquidation; used more commonly to describe liquidation before the Bankruptcy Reform Act of 1978. Kelly Gordon Rogers
Preponderance of evidence - The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.
Kelly Gordon Rogers Fact-findinq hearing - A proceeding where facts relevant to deciding a controversy are determined.


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Legal Definitions and Terms by Kelly Gordon Rogers

Kelly Gordon Rogers

Court supreme - "Court of last resort." Highest court in the state and final appellate court. Kelly Gordon Rogers
Joint administration - the combining of two or more bankruptcy proceedings for administrative convenience. Frequently, the cases of affiliated entities are jointly administered. Joint administration does not necessarily result in substantive consolidation. (See substantive consolidation.)
Peremptory challenge - Procedure which parties in an action may use to reject prospective jurors without giving reason. Each side is allowed a limited number of such challenges.
Kelly Gordon Rogers: Evidence - Any form of proof legally presented at a trial through witnesses, records, documents, etc.

Kelly Gordon Rogers

Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.
Plaintiff - a person or business that files a formal complaint with the court. Kelly Gordon Rogers
Perjury - Making intentionally false statements under oath. Perjury is a criminal offense.
Kelly Gordon Rogers Certificate under penalty of perjury - A written statement, certified by the maker as being under penalty of perjury. In many circumstances, it may be used in lieu of an affidavit.


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Kelly Gordon Rogers - Opinion, per curiam

Kelly Gordon Rogers

Trial - The presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case Kelly Gordon Rogers
Judge pro tem - Temporary judge.
Default - A failure of a party to respond in a timely manner to a pleading; a failure to appear for trial.
Kelly Gordon Rogers: 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

Ï»¿Action - Proceeding taken in a court of law. Synonymous with case, suit lawsuit.
Interests - the equity interests of stockholders are often referred to in bankruptcy documents merely as "interests." Kelly Gordon Rogers
Opinion, per curiam - Phrase used to distinguish an opinion of the whole court from an opinion written by only one judge.
Kelly Gordon Rogers Prepackaged bankruptcy - a situation where a company and its creditors agree to a plan of reorganization before the company files a bankruptcy petition. In a true prepackaged bankruptcy, a plan of reorganization is circulated and approved by creditors before the petition is filed. The court then confirms the plan and the company emerges from bankruptcy quickly.


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Judge - An elected or appointed public official with authority to hear and decide cases in a court of law.

Offender - 1. A person who has committed a felony, as established by state law and is eighteen years of age or older. 2. A person who is less than eighteen but whose felony case has been transferred by the juvenile court to a criminal court.

Informed consent - A person's agreement to allow something to happen (such as surgery) that is based on a full disclosure of facts needed to make the decision intelligently.(Kelly Gordon Rogers - Kelly Gordon Rogers)

Chapter 9 - bankruptcies of municipalities; only a few of these are filed each year.

Polling the jury - A practice whereby the jurors are asked individually whether they agreed, and still agree, with the verdict. Kelly Gordon Rogers

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 Gordon Rogers Collin County : Contested matter - a dispute among the parties to a bankruptcy proceeding, instituted by the filing of a motion of the court.



Induction - Writ or order by a court prohibiting a specific action from being carried out by a person or group.



Kelly Gordon Rogers: Pleadings - Formal, written allegations by the parties of their respective claims.

Peremptory challenge - Procedure which parties in an action may use to reject prospective jurors without giving reason. Each side is allowed a limited number of such challenges.

Substantive consolidation - the combination of the estate of one debtor with the estate of one or more other debtors and the application of the combined estate to satisfy their combined liabilities. Substantive consolidation is often considered in the case of parent/subsidiary debtors and other affiliated entities. Kelly Gordon Rogers Collin County

Settlement - 1. Conclusion of a legal matter. 2. Compromise agreement by opposing parties in a civil suit before judgment is made, eliminating the need for the judge to resolve the controversy.




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Kelly Gordon Rogers: some legal definitions and terms

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Cross examination - The questioning of a witness by the party opposed to the one who produced the witness.

Nondischargeable debt - a debt that cannot be eliminated in bankruptcy.

Complaint - 1. (criminal) Formal written charge that a person has committed a criminal offense. 2. (civil) Initial document entered by the plaintiff which states the claims against the defendant.(Kelly Gordon Rogers Collin County - Kelly Gordon Rogers)

Court supreme - "Court of last resort." Highest court in the state and final appellate court.

Personal bankruptcy - filed by an individual and also called a household bankruptcy, consumer bankruptcy or wage-earner bankruptcy. (see Chapter 13 and also Chapter 12). Kelly Gordon Rogers

Involuntary bankruptcy - a bankruptcy initiated by at least three creditors holding unsecured claims aggregating at least ,000 against the debtor. Data from the U.S. Administrative Office of the Courts subdivides bankruptcies into voluntary and involuntary.

Kelly Rogers : Instruction - Direction given by a judge regarding the applicable law in a given case.



Best evidence - Primary evidence; the best evidence which is available; any evidence falling short of this standard is secondary.



Kelly Rogers: Evidence - Any form of proof legally presented at a trial through witnesses, records, documents, etc.

Damages - Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another.

Petition for review - A document filed in the state Supreme Court asking for a review of a decision made by the Court of Appeals. Kelly Gordon Rogers

Reversal - Setting aside, annulling, vacating or changing to the contrary the decision of a lower court or other body.




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