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Law Terminology ~ Lawyer Kelly Gordon Rogers Home | Profile | Archives | Friends
Lawyer Kelly Gordon Rogers

Kelly G. Rogers ~ Legal Definitions1/27/2010
Expert evidence - Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters.
Kelly Gordon Rogers : Bankruptcy Rule 2004 - a provision of the Bankruptcy Code that allows one party in a bankruptcy proceeding to compel discovery or other examination against another party.
Docket - the schedule on which the clerk of the court records all motions, pleadings, memoranda, orders and all other court filings.
Kelly G. Rogers Dallas Texas: Lay - non-professional; for example: a lawyer would call a non-lawyer a lay person and a doctor would call a non-doctor a lay person.

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Bankruptcy petition - the document filed with the court to initiate a bankruptcy proceeding.
Rests the case - When a party concludes his presentation or evidence.(Kelly Rogers Dallas : Monday 04 January 2010 article)

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Clerk of the court - An officer of a court whose principal duty is to maintain court records and preserve evidence presented during a trial.
Plan of reorganization - the document setting forth how a bankrupt company plans to satisfy its creditors. The plan of reorganization is the cornerstone of a successful Chapter 11 bankruptcy.
Stalking horse - this is the name given to the party submitting the first bid to purchase assets. The stalking horse bid can be used to solicit interest from other bidders and also acts as an indicator for what will be realized on the auction floor. (Friday 09 January 2009 article by Kelly G. Rogers)

Court supreme - "Court of last resort." Highest court in the state and final appellate court.
Restitution - Act of giving the equivalent for any loss, damage of injury.
Kelly Gordon Rogers Dallas: 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. (Kelly Gordon Rogers Dallas Texas online article)


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Kelly G. Rogers ~ Legal Definitions1/27/2010
Lay - non-professional; for example: a lawyer would call a non-lawyer a lay person and a doctor would call a non-doctor a lay person.
Kelly Rogers Dallas : Law clerks - Persons trained in the law who assist the judges in researching legal opinions.
Restructuring - a general term applied to an out-of-court attempt to reorganize and satisfy debts. Also, see workout.
Kelly G. Rogers Dallas Texas: Trier of facts - The jury or, in a non-jury trial, the judge, or an administrative body.

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Jury - Specific number of people (usually 6 or 12), selected as prescribed by law to render a decision (verdict) in a trial.
Oath - Written or oral pledge by a person to keep a promise or speak the truth.(Kelly G. Rogers Texas : Sunday 12 March 2006 article)

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Chapter - the Bankruptcy Code is organized into Chapters. Except for Chapter 12, the Chapters of the present code are all odd-numbered and are enumerated with Arabic numerals. (Before the Bankruptcy Reform Act of 1978, the Chapters were numbered with Roman numerals.) Chapters 1, 3, and 5 cover matters of general application. Chapters 7, 9, 11, 12, 13 and 15 concern, respectively: liquidation (business or non-business), municipality bankruptcy; business reorganization, family farm debt adjustment, wage-earner or personal (i.e. non-business) reorganization and multi-national bankruptcies.
Cross examination - The questioning of a witness by the party opposed to the one who produced the witness.
Bankruptcy Act of 1934 - a further statutory expansion of reorganization for companies; (see Section 77B); the Bankruptcy Act of 1933 and the Bankruptcy Act of 1934 were superseded by the Chandler Act of 1938. (Friday 02 May 2008 article by Kelly Rogers Texas)

Informed consent - A person's agreement to allow something to happen (such as surgery) that is based on a full disclosure of facts needed to make the decision intelligently.
Adjudication - A judgment or decree
Kelly Rogers: Substantial abuse - a term that refers to the abuse of the privilege to file a petition. It usually describes fraud in cases of personal bankruptcy. (Kelly Rogers Dallas Texas online article)


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Law Terminology ~ Lawyer Kelly Gordon Rogers10/27/2009
Lien - a charge upon a specific property designed to secure payment of a debt or performance of an obligation.

Affirm - The assertion of an appellate court that the judgment of the lower court is correct and should stand.

Plea - A defendant's official statement of "guilty" or "not guilty" to the charge(s) made against him.



Kelly Gordon Rogers:Fee examiner - appointed by the court to monitor fees paid to professionals in bankruptcy cases.
Petition preparer - a business not authorized to practice law that prepares bankruptcy petitions.(Kelly G. Rogers Indictment's - Friday 05 October 2007)

Kelly G. Rogers Lawyer : Tax loss carry-forward - losses, for tax purposes, that can be carried forward and applied to reduce taxable income in future years. The Tax Reform Act of 1986 imposed stringent restrictions on the use of tax loss carry-forwards.

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Distressed - used to describe securities, companies and related items in or near bankruptcy or insolvency. The term does not have a strict, technical or legal definition. For example, a distressed security might be a security where the issuer has defaulted or a security that is selling at a substantially discounted price where a default is expected in the future.(Sunday 15 April 2007 : Kelly Rogers Inc)


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