Monday, June 7, 2010

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 This section no longer exists; it has been replaced by Chapter 15.Kelly Gordon Rogers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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