Glossary of Legal Terms: T, U, V, W

Temporary restraining order | Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO. Testimony Evidence presented orally by witnesses during trials or before grand juries. Toll See statute of limitations. Tort A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract. Transcript A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition Transfer Any mode or means by which a debtor disposes of or parts with his/her property. Trustee The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors. Typing service | A business not authorized to practice law that prepares bankruptcy petitions. U.S. attorney | A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases. U.S. trustee | An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties. Undersecured claim | A debt secured by property that is worth less than the amount of the debt. Undue hardship | The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: (1) the debtor cannot maintain – based on current income and expenses – a minimal standard of living if forced to repay the loans; (2) there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans. Unlawful detainer action | A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent. Unliquidated claim | A claim for which a specific value has not been determined. Unscheduled debt | A debt that should have been listed by the debtor in the schedules filed with the court but was not. (Depending on the circumstances, an unscheduled debt may or may not be discharged.) Unsecured claim | A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay. Uphold The appellate court agrees with the lower court decision and allows it to stand. See affirmed. Venue The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another. Verdict The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case. Voir dire | Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. Voluntary transfer | A transfer of a debtor's property with the debtor's consent. Wage garnishment | A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. In other words, the creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor. Warrant Court authorization, most often for law enforcement officers, to conduct a search or make an arrest. Witness A person called upon by either side in a lawsuit to give testimony before the court or jury. Writ A written court order directing a person to take, or refrain from taking, a certain act. Writ of certiorari | An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.