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What is bankruptcy? What happens in a bankruptcy case? Bankruptcy is a legal process that provides relief for individuals who can no longer pay all of their debts. If you are considering bankruptcy, this video will give you basic information about the process, the relief it offers, and how to find the legal help you may need.
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A brief review of the three main types of bankruptcy cases for individuals – chapters 7, 11, and 13. The most common types of bankruptcy are chapter 7, which are liquidating bankruptcy, and chapter 13 cases, often used by individuals who want to catch up on past due mortgage or car loan payments and keep their assets.
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Certain types of debt, such as child support, alimony, and most student loans, cannot be discharged in bankruptcy. Wrongful conduct may make some debts non-dischargeable. Examples of such conduct are incurring credit card charges without the intent or ability to repay, or obtaining loans using false financial information.
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How does someone file a bankruptcy case? In order to file for bankruptcy, an individual must take a credit counseling course – to learn about alternatives to bankruptcy – as well as accurately complete and file a number of documents.
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Every debtor is required to appear at a creditors' meeting conducted by a trustee who asks the debtor questions about the debtor's financial condition and gives creditors the opportunity to do the same.
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A debtor must be honest and accurate in dealing with the court or face serious consequences, including being charged with a bankruptcy crime.
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In some cases, a debtor may be required to appear at hearings before a bankruptcy judge.
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Debtors are usually able to discharge most or all of their debts. Once a debt is discharged, a creditor may not attempt to collect it from the debtor.
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When does someone need a lawyer for a bankruptcy case? Individuals have a right to represent themselves in court, but bankruptcy is a complex area that involves many considerations – including whether to file, what chapter to file under, and what exemptions to claim. It is important to understand all of the protections of the bankruptcy code in order to make full use of them.
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La quiebra es un proceso legal que brinda alivio a muchos individuos quienes ya no pueden pagar todas sus deudas.
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Hay tres tipos principales de casos de quiebra para individuos y los dos más comunes son el del Capítulo 7 y el del Capítulo 13.
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Algunas deudas no pueden ser anuladas en un proceso de quiebra.
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Para radicar un proceso de quiebra, se debe participar en una sesión de asesoramiento crediticio y llenar y presentar correctamente una serie de documentos.
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Todo deudor tendrá que acudir a una reunión de acreedores bajo la dirección de un fiduciario quien le hará preguntas sobre su situación económica y le dará la oportunidad a los acreedores de hacer lo mismo.
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Un deudor tiene que ser honesto y exacto en su trato con el tribunal o podría tener consecuencias graves incluyendo procesamiento penal por el delito de fraude en el proceso de quiebra.
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En algunos casos, el deudor tendrá que comparecer en audiencias ante un juez de quiebra.
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Por lo general, los deudores logran anular la mayoría o la totalidad de sus deudas. Al anularse la deuda, los acreedores no pueden intentar cobrar la deuda de los deudores.
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Se exhorta a los deudores que busquen el asesoramiento legal de un abogado. Aún cuando no puedan pagar por un abogado, es posible que encuentren servicios legales gratuitos o con. descuentos.
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Careers
The U.S. Courts offer a range of challenging and rewarding career opportunities nationwide.
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Watch this video to learn how to apply for a job in the U.S. Courts.
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Case administrators are the "face" of the court to much of the public and attorneys who practice in the court.
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Language skills are prized in the federal courts. Highly qualified interpreters in court proceedings involving non-English speakers help ensure that justice is carried out fairly for defendants and other stakeholders.
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Highly accurate records and transcripts of court proceedings are critical to the administration of justice. Court reporters maintain the courtroom record and produce transcripts of court proceedings according to strict standards.
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Courtroom Deputies assist judges in processing and managing court proceedings in an orderly fashion, and manage a judge's caseload.
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The U.S.Courts' Human Resources (HR) professionals provide frontline services to the federal court workforce.
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The U.S. Courts' Information Technology (IT) professionals support the courts' extensive technology programs. They make it possible for the judiciary to deliver justice in a technology-driven environment.
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The jury administrator ensures that jury selection and management are smooth and efficient processes. Both have an important impact on public perception about jury service.
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Federal offices of Probation and Pretrial Services assist in the administration of justice and promote community safety. They work on the frontlines of federal offender supervision.
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Educational Resources
U.S. Magistrate Judge Maria Valdez didn’t go right to college. She worked for a year – and kept working – to put herself through college and law school. She doesn’t consider her journey unusual because today’s students face many of the same challenges. Her advice? Keep going even when you don’t know if you can make it.
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U.S. District Court Judge George Z. Singal was born in a WWII refugee camp after his mother and sister escaped eastern Poland. His mother immigrated with her two children to the United States. Today, when Judge Singal presides over naturalization ceremonies, he shares his story and invites new citizens to take advantage of their new opportunities.
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At an early age, U.S. Bankruptcy Judge Jeffery P. Hopkins took risks and got out of his comfort zone to ask for the help of supportive adults. He reminds young people that many adults want to be part of their success story, too. The judge encourages anyone with goals to show an interest, work hard, and seek the guidance of others.
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Many federal judges have been touched by the Civil Rights Movement in their youth. Meet U.S. Court of Appeals Judge Roger L. Gregory who says that the struggle taught him that every challenge in his young life lifted him up and still helps him lift others along the way.
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In this video produced for Constitution Day 2011, federal judges say their oath of office and explain what it means to them every time they take the bench. The oath is part of the Judiciary Act of 1789. The 222nd anniversary of the Act is September 24.
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Judge Ann C. Williams, of the U.S. Court of Appeals for the Seventh Circuit in Chicago, says that each generation stands on the shoulders of people who went before them. She credits her parents' example for her preparation to serve on the federal bench, and looks to trailblazers like the late Supreme Court Justice Thurgood Marshall for inspiration.
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U.S. District Court Judge Virginia Kendall kept moving forward through loss and challenges on her journey to the federal bench. Kendall talks about the importance of believing in herself, digging deep and accepting the support of family and friends along the way to becoming a federal judge in the Northern District of Illinois.
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Magistrate Judge Arlander Keys rose from the cotton fields of Mississippi to the federal bench by educating himself, persevering and working hard. Keys shares his perspectives on his life – from his time in the Marines and law school, to eventually becoming a federal magistrate judge.
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Why is jury service important? What is the role of the jury? Jury service is the most direct way of participating in our democracy. In this video, students question federal judges from across the country on the basics of jury service.
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In this edition of Court Shorts, we focus on the importance of a fair and impartial Judiciary. What does this concept mean to you? In this video, students question federal judges on these principles.
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Students Play All the Roles
in True-to-Life Trials
At participating courthouses across the nation, realistic teen scenarios – ranging from downloading music, to distracted driving, to cyberbullying – allow students to serve as jurors, lawyers, and witnesses at local, federal courthouses. Federal judges preside and attorneys coach the students.
Federal Judges Preside Over
Trial Simulations
Throughout the academic year, high school juniors and seniors argue contemporary Supreme Court decisions before federal judges in their courtrooms. Students show a range of emotions and demonstrate critical thinking skills as they argue different sides of current, controversial issues of importance to them.
News
The Federal Judiciary joined several executive branch agencies in a cyber attack exercise. Court units in Washington DC and New York reacted to a simulation of interruptions in communications services, mass transportation and basic utilities like water and power. Staff from the Administrative Office of the U.S. Courts used the exercise to test their ability to continue supporting the Federal court system.
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U.S. District Court Judge Frank Whitney joined the United States Army Reserve right out of college. When he was appointed a federal judge for the Western District of North Carolina, he continued to serve his country in the military. Whitney became the first active federal judge to serve as a military judge in a theater of war -- in Kuwait, Afghanistan, and Iraq.
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Judge Julia Gibbons, chair of the Judicial Conference Budget Committee, told a House Appropriations Subcommittee that cuts under the Budget Control Act would result in crippling staffing losses as well as cuts to Judiciary operations. Director of the Administrative Office of the U.S. Courts, Judge Thomas Hogan, echoed Gibbons' concerns.
Federal Probation and Pretrial Services officers have a new tool to help them enhance community safety and manage cases more efficiently. It's called the Client Mapping Application for Probation and Pretrial Services, and it uses Google Maps to give officers a visual representation of the cases in their areas.
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Senior U.S. District Judge Wesley Brown, still working, marks his 99th birthday June 22, 2006. Born in 1907, Judge Brown was appointed by President John F. Kennedy in 1962 and assumed senior status in 1979.
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Judge Julia Smith Gibbons, chair of the Judicial Conference Budget Committee, presented the Judiciary's 2012 funding request to the Subcommittee on Financial Services and General Government of the House Appropriations Committee on April 6.
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In just six years the Online System for Clerkship Application and Review, or OSCAR, has grown significantly. The judiciary has added new features to meet the needs of thousands of users. And most federal judges prefer to receive clerkship applications online through OSCAR.
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In 1812 a series of intense earthquakes struck the midwest. Experts believe the area known as The New Madrid Zone could experience a similar series of earthquakes in the near future. The Administrative Office hosted a COOP planning session that uses this scenario.
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The chief judge of the U.S. District Court for the District of Arizona has declared a judicial emergency that temporarily suspends a time limit set by federal law for bringing criminal defendants to trial.
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Flags at federal courthouses around the nation were flown at half-staff, as the federal Judiciary honored the memory of Chief U.S. District Judge John M. Roll, one of several victims fatally shot outside a grocery store during an attack on U.S. Rep. Gabrielle Giffords on January 8 in Tucson, Arizona.
The federal Judiciary is making the juror screening process easier with eJuror. The web-based program allows jurors to submit their forms electronically. Jurors no longer have to rely on the mail or phone calls to communicate with the courts.
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Federal court employees provide service to the public daily. Some are called to serve their country as well. Procurement specialist Marcus Caldwell is also a United States Marine. In March of 2003 Caldwell deployed to Iraq. Support from his court family helped Caldwell deal with being so far from home.
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Two federal judges told a congressional subcommittee that a General Accountability Office report on the use of space in federal courthouses is misleading and could cause irreparable harm.
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The Judiciary is making several changes to the Public Access to Court Records (PACER) service based on results from an independent assessment.
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The United States Supreme Court has started a new term on the first Monday in October for close to 100 years. Willliam Suter, the Clerk of the Supreme Court, explains why the term starts on this day.
Probation and pretrial officers provide an invaluable service to communities across the country. The American Probation and Parole Association recently highlighted the work of thousands of men and women, who make up its probation and pretrial services, by celebrating National Probation, Parole, and Community Service Week.
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Emergency Teams at the Administrative Office of the U.S. Courts put their Continuity of Operations Plan into action for the federal government's 2010 Eagle Horizon exercise.
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We've made some big changes to uscourts.gov. Watch this tour to find out what's new, and how you can quickly and easily find information, resources and news from the federal Judiciary's website.
Improvements to the Public Access to Court Electronic Records (PACER) system will make it easier to search the massive electronic data base.
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The federal judiciary asked a House subcommittee to adequately fund the courts in fiscal year 2011, which will begin October 1, 2010. The request represented the smallest funding increase in more than 20 years.
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Nearly one hundred sixty court staff from two circuits gathered in Boston for a COOP workshop. Guest speakers included court staff who have experienced real emergencies. There was also a briefing on the H1N1 virus commonly known as Swine Flu.
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The office of Probation and Pretrial Services released the Offender Payment Enhanced Report Access application. This web based application provides OPPS officers with near real-time access to offenders' fine and restitution payment records.
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Court staff in the Southern District of Indiana held a conference to help outline emergency response efforts across several agencies. The idea is to coordinate an efficient response to any natural disaster or emergency such as a pandemic. Beverly Hallberg reports.
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The judiciary updated the Federal Location Monitoring Program for Defendants and Offenders, known as Monograph 113. The new information outlines several technologies that can enhance officers' ability to supervise individuals who are awaiting trial or are just released from prison.
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The Seventh Circuit U.S. Court of Appeals is offering oral arguments on-line via the court's web site. The public can also access the Seventh Circuit's audio on iTunes.
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At the Western District of Washington district court, officials use the Emergency Notification System to alert staff of dangerous conditions. The ENS is a free to all courts through the Administrative Office in Washington, DC.
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Staff from the Southern District of California hosted an outreach event at the district courthouse in San Diego. The "Career Day" event was a chance for high school students to visit with legal professionals and to learn about their jobs.
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The federal courthouse in St. Louis has devoted 2,500 square feet to a judicial learning center, an interactive and engaging facility.
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Identity theft affects more than ten million Americans every year. In one scam that keeps popping up across the country, thieves pose as court employees and gain personal financial information from their victims over the phone.
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