Debtor: A person who has filed a petition for relief under the Bankruptcy Code. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government Pleadings: Written statements filed with the court that describe a party's legal or factual assertions about the case. Record: A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case. Discovery: Procedures used to obtain disclosure of evidence before trial. Uphold: The appellate court agrees with the lower court decision and allows it to stand. See affirmed. Undue hardship: The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: (1) the debtor cannot maintain – based on current income and expenses – a minimal standard of living if forced to repay the loans; (2) there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans. Discharge: A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact. Community service: A special condition the court imposes that requires an individual to work – without pay – for a civic or nonprofit organization. Pretrial conference: A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition Uphold: The appellate court agrees with the lower court decision and allows it to stand. See affirmed. Capital offense: A crime punishable by death. U.S. attorney: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases. Unlawful detainer action: A lawsuit brought by a landlord against a tenant to evict the tenant from rental property -- usually for nonpayment of rent. Objection to dischargeability: A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary. Peremptory challenge: A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason. Service of process: The delivery of writs or summonses to the appropriate party. Voluntary transfer: A transfer of a debtor's property with the debtor's consent. U.S. attorney: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases. Property of the estate: All legal or equitable interests of the debtor in property as of the commencement of the case. Joint administration: A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.) De facto: Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law. Plaintiff: A person or business that files a formal complaint with the court. Peremptory challenge: A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason. Petit jury (or trial jury): A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons. Confirmation: Approval of a plan of reorganization by a bankruptcy judge. Contract: An agreement between two or more people that creates an obligation to do or not to do a particular thing. Per curiam: Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion. Appeal: A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee." De jure: Latin, meaning "in law." Something that exists by operation of law. De novo: Latin, meaning "anew." A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling. Petit jury (or trial jury): A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government Writ of certiorari: An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal. Felony: A serious crime, usually punishable by at least one year in prison. Counsel: Legal advice; a term also used to refer to the lawyers in a case. Adversary proceeding: A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial that takes place within the context of a bankruptcy case. Proof of claim: A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. (There is an official form for this purpose.) U.S. trustee: An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties. Home confinement: A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment – a transmitter attached to the wrist or the ankle – to help ensure that the person stays at home as required. Toll: See statute of limitations. Uphold: The appellate court agrees with the lower court decision and allows it to stand. See affirmed. Judgeship: The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court. Priority: The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full. Judgment: The official decision of a court finally resolving the dispute between the parties to the lawsuit. Consumer debts: Debts incurred for personal, as opposed to business, needs. Case law: The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions. Discharge: A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact. Federal public defender: An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. Lien: A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge. Contingent claim: A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person's loan and that person fails to pay. Chapter 13: The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a "wage-earner" plan. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years. Chief judge: The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority Chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must satisfy a "means test."