A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and creditors. The functions of the liquidator include reviewing the debtor`s application and schedules, liquidating the assets of the estate and distributing them to creditors. The liquidator may also bring actions against the creditors or the debtor in order to recover ownership of the bankruptcy estate. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. Section 707(b)(2) of the Insolvency Code applies a “means test” to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. Public actions can be an event organized by one organization, or can take place at an event of another organization or public institution, such as a school board meeting. Public actions are planned in detail, both in terms of content and structure. To paraphrase an old military saying, “strategy and tactics are nothing without logistics.” Organizations that plan successful public actions invest heavily in logistics to ensure participation and choreographed execution of a public action (for an example, see Key Lessons From a `Blue Ribbon` School in Los Angeles: 3 Ways to Build an Effective – and Endurable- Education Agenda.) The representative of the bankruptcy estate who exercises legal powers, primarily for the benefit of unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or receiver.
A trustee is a person or partnership appointed in all cases under Chapters 7, 12 and 13 and, in some cases, Chapter 11. The trustee`s duties include reviewing the debtor`s application and schedules, as well as bringing actions against creditors or the debtor to recover assets from the bankruptcy estate. In Chapter 7, the trustee liquidates the assets of the estate and makes distributions to creditors. Chapter 12 and 13 trustees have similar obligations to a Chapter 7 trustee and the additional responsibilities of monitoring the debtor`s plan, receiving payments from debtors, and making plan payments to creditors. For more information on government action requirements, see this article from the Cornell Law Review, this article from the University of Missouri Law Review, and this article from the Harvard Law Review. Tax law became an area of public law in the 17th century, following the emergence of new theories of sovereignty. Until then, taxes under the law were considered gifts given to the state by a private donor – the taxpayer. [17] It is now considered an area of public law because it is a relationship between individuals and the state.
The theory of the interest of public law emerges from the work of the Roman jurist Ulpian, who stated: “Publicum ius est, quod ad statum rei Romanae spectat, privatum quod ad singulorum utilitatem. (Public law is what concerns the Roman state, private law deals with the interests of citizens.) Charles-Louis Montesquieu developed this theory in L`Esprit des lois[19], published in the 18th century, in which Montesquieu distinguishes international law (international law), public law (political law) and private law (civil law) according to the interests and rights of the various actors. He writes: “Considered as inhabitants of a planet so large that different peoples are needed, they have laws that affect the relationship these peoples have with each other, and that is the right of nations. They are seen as living in a society that must be maintained and have laws about the relationship between those who govern and those who are governed, and that is the political law. In addition, they have laws about the relationship that all citizens have with each other, and that is citizenship. [20] Like an injunction, it is a short-term order issued by a judge prohibiting certain acts until a full hearing can be held. Often referred to as TRO. A debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, child support or child support debt, certain taxes, debt for most government-funded or guaranteed student loans or benefit overpayments, debts for death or assault caused by driving under the influence of alcohol or drugs, and restitution debts or a penalty fine included in a judgment convicting the debtor of a crime. Certain debts, such as debts of money or property obtained under false pretenses, and debts for fraud or forgery in the exercise of fiduciary capacity, can only be declared inexcusable if a creditor files a non-discharge action in a timely manner and wins. As provided for in the Criminal Law Act, an organization formed within a federal judicial circuit to represent criminal accused who do not have the means to defend themselves adequately. Each organization is overseen by a federal defense attorney appointed by the county Court of Appeals.
Public action is a very public expression of the power of a community in thematic or electoral campaigns. Relations governed by public law are asymmetrical and unequal. Public authorities (central or local) can take decisions concerning the rights of individuals. However, as a consequence of the rule of law doctrine, the authorities can only act within the framework of the law (secundum and intra legem). The government must obey the law. For example, a citizen who is not satisfied with a decision of an administrative authority may apply to a court for judicial review. A request by a creditor to give the creditor the creditor`s opportunity to bring an action against the debtor or its assets, which would otherwise be prohibited by the automatic stay. The Public Prosecutor`s Office is the legal instrument by which a person can claim possession of a thing before a judge, even if he cannot prove ownership of the thing, but a better right of possession before a third party.
