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Debtor S Petition - Law Dictionary Search Results

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Debtor's petition

Debtor's petition, means a bankruptcy petition presented by the debtor himself under s. 264(1)(b) of Insolvency Act, 1986 (UK) Halsbury's Laws of England 3(2), para 150, p. 90....


current monthly income

current monthly income The average monthly income received by the debtor over the six calendar months before commencement of the bankruptcy case, including regular contributions to household expenses from nondebtors and income from the debtor's spouse if the petition is a joint petition, but not including social security income and certain other payments made because the debtor is the victim of certain crimes. Source: Administrative Office of the U.S. Courts ...


chapter 7 (individual bankruptcy)

chapter 7 (individual bankruptcy) A petition designed to liquidate the debtor's property, pay off his or her creditors, and discharge the debtor from his or her other debts. Source: FindLaw ...


Act of Bankruptcy

Act of Bankruptcy, an act, the commission of which by a debtor renders him liable to be adjudged a bankrupt if the petition is presented within three months thereafter.Under s. 1 of the (English) Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), any one of the following acts of a debtor is an act of bankruptcy:-(a) Having made an assignment of his property in trust for his creditors generally.(b) Having made a fradulent conveyance, gift, delivery, or transfer of his property, or of any part thereof.(c) Having made a conveyance amounting to a 'fradulent preference.'(d) Having, with intent to defeat or delay his creditors, departed out of England, or being out of England, remained out of England; or having absented himself; or begun to keep house.(e) If execution against him has been levied by seizure of his goods under process in any Court or in any civil proceeding in the High Court, and the goods have been either sold or held by the sheriff for 21 days:Provided that where an interpleader su...


bankruptcy

bankruptcy pl: -cies 1 : the quality or state of a bankrupt [filed for ] 2 : the administration of an insolvent debtor's property by the court for the benefit of the debtor's creditors [the debt was discharged in ] [ proceedings] see also adequate protection Bankruptcy Code in the Important Laws section compare insolvency, receivership NOTE: Bankruptcy protects the debtor from debt collection by creditors. A debtor may file for bankruptcy, which is called “voluntary bankruptcy,” or a creditor may petition the court to declare the debtor bankrupt, which is called “involuntary bankruptcy.” Involuntary bankruptcy is allowed only under chapter 7 or chapter 11 of the U.S. Bankruptcy Code. There are four types of relief available to individuals or corporations under the Bankruptcy Code: liquidation (chapter 7), reorganization (chapter 11), debt adjustment for a family farmer (chapter 12), and debt adjustment for an individual with a regular income (chapter 13). M...


chapter 13 (wage earner's plan)

chapter 13 (wage earner's plan) A petition designed for any insolvent debtor who is a wage earner to provide the debtor with additional time to pay off creditors. Source: FindLaw ...


Petition

Petition, a supplication made by an inferior to a superior, having jurisdiction to grant redress.The subject has a right to petition the sovereign, or the two Houses of Parliament, and all commit-ments and prosecutions for such petitioning are declared by the Bill of Rights (see BILL OF RIGHTS) to be illegal.But by 13 Car. 2, st. 1, c. 5, prior in date to the Bill of Rights, it was enacted that not more than twenty names should be signed to a petition to the Crown or either House of Parliament for alteration of matters in Church or State, without the previous approval of the contents by three justices or the majority of a grand jury, and further, that no petition should be presented by a company of more than ten persons.There are several regulations respecting petitions to Parliament, which, if neglected in any one parti-cular, will prevent their reception. For instance, signatures or marks must be original, not copies nor signatures of agents on behalf of others; no chairman of a publ...


Petition de droit (Petition of Right UK)

Petition de droit (Petition of Right UK), one of the Common Law methods of obtaining possession or restitution from the Crown of either real or personal property, or compensation in damages for breach of contract, the Crown not being liable to an ordinary action at the suit of a subject. It is said to owe its origin of Edward I.By the (UK) Petition of Right Act, 1860 (23 & 24 Vict. c. 34) (commonly called Bovill's Act), the procedure on a petition of right is assimilated as far as practic-able to the course of an ordinary action. The fiat of the sovereign 'that right be done' is, however, a necessary preliminary step; this is obtained by leaving the petition with the Home Secretary. A judgment that the suppliant is entitled to the whole or some portion of the relief sought by his petition, or to such other relief as the Court may think right, has the same effect as a judgment of amoveas manus. Costs are made payable both to and by the Crown, and nothing in the Act is to prevent any sup...


upgrade a petition

upgrade a petition If you naturalize (become an American citizen) you may ask the U.S. Citizenship and Immigration Services to change the petitions you filed for family members when you were a lawful permanent resident (LPR) from one category to another. This is called upgrading. For example, a petition for a spouse will be changed/upgraded from F2 to IR1. That is, the petition changes from a preference category with numerical limits to an immediate relative category without numerical limits. The applicant no longer has to wait for her/his priority date to be reached. Upgrading a petition sometimes has consequences. A preference petition for a spouse permits derivative status for children. An immediate relative petition does not. You, the petitioner, would need to file separate petitions for each of your children. Source: Department of State. March 2007. ...


Petition of Right

Petition of Right, 3 Car. 1, c. 1, a parliamentary declaration of the liberties of the people, assented to by Charles I. in the beginning of his reign.In the first Parliament of Charles I., which met in 1626, the Commons refused to grant supplies until certain rights and privileges of the subject, which they alleged had been violated, should have been solemnly recognised by a legislative enactment. With this view they framed a petition to the king, in which, after reciting various statutes by which their rights and privileges were recognized, they prayed the king 'that no man be compelled to make or yield any gift, loan, benevolence, tax, or suchlike charge, without common consent by Act of Parliament; that none be called upon to make answer so to do; that freemen be imprisoned or detained only by the law of the land, or by due process of law, and not by the king's special command, without any charge; that persons be not compelled to receive soldiers and mariners into their houses agai...


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