Joinder - joinder in civil law falls under two categories: joinder of
claims, and joinder of parties. Joinder of claims is addressed in U.S.
law by the Federal Rules of Civil Procedure No. 18(a). That Rule allows
claimants to consolidate all claims that they have against an
individual who is already a party to the case. Claimants may bring new
claims even if these new claims are not related to the claims already
stated. Note that joinder of claims is never compulsory (i.e., joinder
is always permissive), and that joinder of claims requires that the
court's subject matter jurisdiction requirements regarding the new
claims be met for each new claim.
Kelly Gordon Rogers
: Exclusivity (period of) - a debtor in Chapter 11 has the exclusive
right to file a plan of reorganization for the first 120 days of its
bankruptcy. Thereafter, unless the period of exclusivity is extended by
the court, other parties may file reorganization plans.
Dissent - The disagreement of one or more judges of a court with the decision of the majority.
Kelly Rogers Dallas Texas:
363 sale - the sale of corporate assets under Section 363 of the
Bankruptcy Code. Under Section 363(f), a bankruptcy trustee or
debtor-in-possession may sell the bankruptcy estate's assets "free and
clear of any interest in such property."
Kelly Rogers
Transcript - The official record or proceedings in a trial or hearing, which is kept by the clerk.
Adversary proceeding - a lawsuit arising in or related to a bankruptcy
case that is commenced by filing a complaint with the bankruptcy court.(Kelly G. Rogers Dallas Texas : Wednesday 26 July 2006 article)
Kelly G. Rogers
Fraudulent conveyance - the transfer of valuable assets from a company
which i) occurs when the company is technically insolvent, ii) renders
the company insolvent, or iii) is made for less than adequate
consideration. The spate of leveraged buyouts and other highly
leveraged transactions in the 1980s has spurred a number of fraudulent
conveyance allegations in recent years.
Code - A collection, compendium or revision of laws systematically
arranged into chapters, table of contents and index and promulgated by
legislative authority.
Inadmissible - That which, under the established rules of evidence,
cannot be admitted or received. (Thursday 26 April 2007 article by Kelly Gordon Rogers Texas)
Hearsay - Evidence based on what the witness has heard someone else
say, rather than what the witness has personally experienced or
observed.
Counter claim - Claim presented by a defendant in opposition to, or deduction from, the claim of the plaintiff.
Kelly G. Rogers Texas:
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. (Kelly G. Rogers Collin County online article)
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