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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