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Bankruptcy Judge
A bankruptcy judge in the United States is a federal judicial officer who presides over a bankruptcy court. Bankruptcy judges are officers of the district court in which their bankruptcy court is located, but do not have the full power of district court judges. , there were 298 bankruptcy judges in authorized positions along with 26 retired bankruptcy judges who had been recalled to service. Unlike Article III judges, bankruptcy judges do not serve lifetime appointments and are not approved by Congress. Instead, they are appointed to 14-year terms by the relevant circuit court of appeals. Each circuit follows a different selection process, which is typically merit-based. The circuit court's selections are made from a list prepared by the judicial council of the circuit. The degree of authority of a bankruptcy judge varies depending on the nature of the matter. If a dispute between the parties relates to a core matter of bankruptcy, then the bankruptcy judge can issue a final ru ...
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United States Bankruptcy Court
United States bankruptcy courts are courts created under Article I of the United States Constitution. The current system of bankruptcy courts was created by the United States Congress in 1978, effective April 1, 1984. United States bankruptcy courts function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising under the bankruptcy code, (see ), and bankruptcy cases cannot be filed in state court. Each of the 94 federal judicial districts handles bankruptcy matters. Technically, the United States district courts have subject matter jurisdiction over bankruptcy matters (see ). However, each such district court may, by order, "refer" bankruptcy matters to the bankruptcy court (see ). As a practical matter, most district courts have a standing "reference" order to that effect, so that all bankruptcy cases in that district are handled, at least ini ...
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Federal Rules Of Bankruptcy Procedure
The Federal Rules of Bankruptcy Procedure (abbreviated Fed. R. Bankr. P. or FRBP) are a set of rules promulgated by the Supreme Court of the United States under the Rules Enabling Act, directing procedures in the United States bankruptcy courts. They are the bankruptcy law counterpart to the Federal Rules of Civil Procedure. Title I of the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub. L. No. 98–353, created a new bankruptcy judicial system in which the role of the district court was substantially increased. confers on the United States district courts original and exclusive jurisdiction over all cases under title 11 of the United States Code and original but not exclusive jurisdiction over civil proceedings arising under title 11 and civil proceedings arising in or related to a case under title 11. Pursuant to (a) the district court may but need not refer cases and proceedings within the district court's jurisdiction to the bankruptcy judges for the district. ...
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Findings Of Fact
In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles. They can be applied to many situations rather than particular circumstances or facts. An answer to a question of law as applied to the specific facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as the Benelux Court of Justice and the European Court of Just ...
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Executive Benefits Insurance Agency V
Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive director, job title of the chief executive in many non-profit, government and international organizations; also a description contrasting with non-executive director ** Executive officer, a high-ranking member of a corporation body, government or military ** Business executive, a person responsible for running an organization ** Music executive or record executive, person within a record label who works in senior management ** Studio executive, employee of a film studio ** Executive producer, a person who oversees the production of an entertainment product * Account executive, a job title given by a number of marketing agencies (usually to trainee staff who report to account managers) * Project executive, a role with the overall responsibil ...
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Stern V
The stern is the back or aft-most part of a ship or boat, technically defined as the area built up over the sternpost, extending upwards from the counter rail to the taffrail. The stern lies opposite the bow, the foremost part of a ship. Originally, the term only referred to the aft port section of the ship, but eventually came to refer to the entire back of a vessel. The stern end of a ship is indicated with a white navigation light at night. Sterns on European and American wooden sailing ships began with two principal forms: the ''square'' or ''transom'' stern and the ''elliptical'', ''fantail'', or ''merchant'' stern, and were developed in that order. The hull sections of a sailing ship located before the stern were composed of a series of U-shaped rib-like frames set in a sloped or "cant" arrangement, with the last frame before the stern being called the ''fashion timber(s)'' or ''fashion piece(s)'', so called for "fashioning" the after part of the ship. This frame is ...
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Bankruptcy Amendments And Federal Judgeship Act Of 1984
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. Bankrupt is not the only legal status that an insolvent person may have, meaning the term ''bankruptcy'' is not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian language, Italian , literally meaning . The term is often described as having originated in Renaissance Italy, where there allegedly existed the tradition of smashing a banker's bench if he defaulted on payment. However, the existence of such a ritual is doubted. History In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into "debt slavery" until the creditor recouped losses through their Manual labour, physical labour. Many city-states in ancient Greece lim ...
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Article Three Of The United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in "one supreme Court", as well as "inferior courts" established by Congress. Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judges do not face term limits, and that an individual judge's salary may not be decreased. Article Three does not set the size of the Supreme Court or establish specific p ...
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Northern Pipeline Construction Co
Northern may refer to the following: Geography * North, a point in direction * Northern Europe, the northern part or region of Europe * Northern Highland, a region of Wisconsin, United States * Northern Province, Sri Lanka * Northern Range, a range of hills in Trinidad * Northern State (Sudan), one of the 18 wilayat (states) of Sudan Schools * Northern Collegiate Institute and Vocational School (NCIVS), a school in Sarnia, Canada * Northern Secondary School, Toronto, Canada * Northern Secondary School (Sturgeon Falls), Ontario, Canada * Northern University (other), various institutions * Northern Guilford High School, a public high school in Greensboro, North Carolina Companies * Arriva Rail North, a former train operating company in northern England * Chemins de fer du Nord (Northern Railway Company), a former rail transport company in northern France * Nord-Aviation (Northern Aviation), a former state-owned French aircraft manufacturer. * Compañía de los Caminos de ...
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Bankruptcy Reform Act Of 1978
The Bankruptcy Reform Act of 1978 (, , November 6, 1978) is a United States Act of Congress regulating bankruptcy. The current Bankruptcy Code was enacted in 1978 by § 101 of the Act which generally became effective on October 1, 1979. The current Code completely replaced the former Bankruptcy Act of 1898, sometimes called the "Nelson Act" (Act of July 1, 1898, ch. 541, ). The current Code has been amended multiple times since 1978. (''See, ''e.g.'' Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.'') This Act prohibits employment discrimination Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, ... against anyone who has declared bankruptcy. See also * Bankruptcy Act References {{US-fed-statute-stub United States bankruptcy legislation 1978 in American law ...
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Referee In Bankruptcy
A Referee in Bankruptcy or Bankruptcy Referee was a federal official with quasi-judicial powers, appointed by a United States district court to administer bankruptcy proceedings, prior to 1979. The office was first created by the Bankruptcy Act of 1898, and was abolished by the Bankruptcy Reform Act of 1978, which created separate United States bankruptcy courts with permanently assigned judges. History The Bankruptcy Act of 1898 established the position of bankruptcy referee "to assist in expeditiously transacting the bankruptcy business". The act specified that referees were to be appointed by the district court for a term of two years, although they could be removed from office or have their jurisdiction over a particular case revoked at any time. The courts could appoint the referees in such numbers "as may be necessary". The fees paid by petitioners in bankruptcy proceedings were used to compensate the referees. All three earlier, short-lived acts providing for bankruptcy jur ...
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United States District Court
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one List of United States federal courthouses, federal courthouse in each district, and many districts have more than one. District court decisions are appealed to the United States courts of appeals, U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the United States Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Federal Circuit or directly to the Supreme Court of the United States, U.S. Supreme Court. District courts are courts of common law, law, Court of equity, equity, and Admiralty court, admiralty, and can hear both Civil law (common law), civil and Criminal law, criminal cases. B ...
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Special Master
In the law of the United States, a special master is an official appointed by a judge to ensure judicial orders are followed, or in the alternative, to hear evidence on behalf of the judge and make recommendations to the judge as to the disposition of a matter. The special master should not be confused with the traditional common law concept of a master, a judge of the High Court entrusted to deal with summary and administrative matters falling short of a full trial. In the federal judiciary of the United States, a special master is an adjunct to a federal court. Rule 53 of the Federal Rules of Civil Procedure allows a federal court to appoint a special master, with the consent of the parties, to conduct proceedings and report to the Court. Role The role of the special master, who is frequently but not necessarily an attorney, is to supervise those falling under the order of the court to ensure that the court order is being followed and to report on the activities of the enti ...
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