The chapter 13 debtor is required to draft a chapter 13 plan which provides for payment of the creditors.

In many chapter 13 cases the prikority credtors such as tax claims and child support are paid in full. Next in line are the secured crediors that are usually paid in full. The unsecured creditors are usually paid only a portion of their claims.

The typical chapter 13 case stays open for a period of five years. Once of the tests of a chapter 13 case is that all of the crediors must receive more than they would receive if the case were filed under chapter 7.

A many cases their are options to strip off certain secured debts and to cram down certain unseccured debts.

A chapter 13 case is administered by a chapter 13 trustee who is charged with the responsibility of collecting the plan payments and making distributions to the creditors throughout the life of the chapter 13 plan.

Finding - Formal ruling by a judge or regulatory agency on issues of fact.

First Appearance - The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his her arrest. Generally, the person comes before a judge within hours of the arrest. Also called initial appearance.

Foundation - Preliminary questions to a witness to establish admissibility of evidence laying a foundation for admissibility.

Fraud - Intentional deception to deprive another person of property or to injure that person in some way.

Interlocutory - Provisional; not final. An interlocutory order or an interlocutory appeal involves only a part of the issues raised in a lawsuit.

Interpleader – An intervention in which a third person asks the Court to determine the rights of others to property held—but not owned—by the third person.

Interrogatories - Written questions asked by one individual in a lawsuit for which the opposing individual must provide written answers.

Personal Property - Tangible physical property such as cars, jewelry, furniture or clothing, and intangible personal property such as bank accounts. Personal property does not include real property such as land or rights in land.

Initial Appearance - In the criminal law area the hearing at which a judge decides if there is sufficient evidence against a person charged with a crime to hold him or her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he she usually does not offer evidence.

Injunction - Writ or order by a court prohibiting a specific action from being carried out by a party or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent.

Fruit of the Crime - Property acquired by means and in consequence of the commission of a crime, and sometimes constituting the subject matter of the crime.

Fruit of the Poisonous Tree – Evidence obtained through an illegal interrogation or search in violation of the Constitution.

Inspectorial Search - entry into and examination of premises or vehicles by an inspector for the identification and correction of conditions dangerous to health or safety.

Intervention - action by which a third person that may be affected by the lawsuit is allowed to become a individual to the suit.

Inter Vivos Gift - gift made during the giver’s life.

Oral Argument - summary by lawyers of their positions before the court and also to answer the judges’ questions.

Order - written or oral command from a court directing or forbidding an action.

Ordinance – law adopted by the government of a municipality or county.

Overrule - judge’s decision not to allow an objection in the record.

Permanent Injunction - court order that an individual perform some action or refrain from taking action for an indefinite period.

Personal Jurisdiction - Power of a court over the defendant's person and which a court must have before it can enter a judgment affecting the defendant's rights.

Per Se Law - In the Maryland Motor Vehicle Code, the per se crime is driving with a blood alcohol level of point zero eight or greater, according to a valid testing procedure. No proof is required to show that the defendant was under the influence since the law concludes that driving with a blood alcohol content BAC of zero eight or greater is driving while intoxicated. DWI can be established by other evidence even if a defendant’s BAC is less than .08.

Instructions - Judge’s explanation to the jury before it begins deliberations of certain questions it must answer and the applicable law governing the case. Also called charge to the jury.

Intangible assets - Non physical items that have value like stock certificates, bank accounts, bonds, and pension benefits. Intangible assets must be taken into account in estate planning and divorce. To view in Spanish click on link: Spanish