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 )

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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 )

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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 )

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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 )

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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 )

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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 )

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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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