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105-569: Although its strategy was successful at first, it was undone in 2011 when several judges held that, since Righthaven didn't actually own the copyrights, it had no standing to sue for infringement. The company was forced into receivership in November 2011 due to outstanding legal fees to a successful defendant. In January 2012, its domain name, righthaven.com, was sold at auction to help satisfy its debts. In March 2013, Stephens Media bought back what copyrights they had transferred to Righthaven, allowing

210-497: A Review-Journal editorial to a blog. Federal judge Philip Pro found that Righthaven had no standing to sue, and in any case Hoehn's posting was protected by fair use . The matter was then brought to an appeal at the 9th Circuit court of appeals in California, which upheld the dismissal and the attorneys fees judgment. On September 7, 2011, Legal Wings Inc., a process server used by Righthaven between May and October 2010, filed

315-549: A Statement of Affairs document, also known as a Bankruptcy Form, with AFSA, which includes important information about their assets and liabilities. A bankruptcy cannot be discharged until this document has been lodged. Ordinarily, a bankruptcy lasts three years from the filing of the Statement of Affairs with AFSA. A Bankruptcy Trustee (in most cases, the Official Trustee at AFSA) is appointed to deal with all matters regarding

420-419: A ban that was ruled unconstitutional. The Supreme Court ruled that the proponents of Proposition 8 has no standing in court since they failed to show that they were harmed by the decision. State law on standing differs substantially from federal law and varies considerably from state to state. Californians may bring " taxpayer actions" against public officials for wasting public funds through mismanagement of

525-500: A bankrupt may be able to raise enough funds to make an Offer of Composition to creditors, which would have the effect of paying the creditors some of the money they are owed. If the creditors accept the offer, the bankruptcy can be annulled after the funds are received. After the bankruptcy is annulled or the bankrupt has been automatically discharged, the bankrupt's credit report status is shown as "discharged bankrupt" for some years. The maximum number of years this information can be held

630-604: A cognizable interest. It requires that the party seeking review be himself among the injured". The injury must be imminent and not hypothetical. Beyond failing to show injury, the Court found that the plaintiffs failed to demonstrate the standing requirement of redressability. The Court pointed out that the respondents chose to challenge a more generalized level of government action, "the invalidation of which would affect all overseas projects". This programmatic approach has "obvious difficulties insofar as proof of causation or redressability

735-439: A debtor attempts to later assert ownership of such an "unscheduled asset" after being discharged of all debt in the bankruptcy. The trustee may then seize the asset and liquidate it for the benefit of the (formerly discharged) creditors. Whether or not a concealment of such an asset should also be considered for prosecution as fraud or perjury would then be at the discretion of the judge or U.S. Trustee. In some countries, such as

840-410: A debtor making monthly payments for a maximum of five years, with the funds distributed to their creditors. Even though most proposals call for payments of less than the full amount of the debt owing, in most cases, the creditors accept the deal—because if they do not, the next alternative may be personal bankruptcy, in which the creditors get even less money. The creditors have 45 days to accept or reject

945-594: A debtor with debts to a maximum of $ 250,000 (not including the mortgage on their principal residence). If debts are greater than $ 250,000, the proposal must be filed under Division 1 of Part III of the Bankruptcy and Insolvency Act . An Administrator is required in the Consumer Proposal, and a Trustee in the Division I Proposal (these are virtually the same although the terms are not interchangeable). A Proposal Administrator

1050-451: A fair and orderly manner by all licensed Trustees in Canada. Trustees in bankruptcy, 1041 individuals licensed to administer insolvencies, bankruptcy and proposal estates are governed by the Bankruptcy and Insolvency Act of Canada. Bankruptcy is filed when a person or a company becomes insolvent and cannot pay their debts as they become due and if they have at least $ 1,000 in debt. In 2011,

1155-538: A government agency, where the relief sought is an order compelling the official not to waste money and fulfill his duty to protect the public fisc. On December 29, 2009, the California Court of Appeal for the Sixth District ruled that California Code of Civil Procedure Section 367 cannot be read as imposing a federal-style standing doctrine on California's code pleading system of civil procedure. In California,

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1260-636: A lawsuit against Righthaven in Las Vegas Township Justice Court for unpaid bills valued at $ 5,670. On September 8, 2011, the MediaNews Group announced it was terminating its deal with Righthaven at the end of the month. The new CEO of the company, John Paton, called the Righthaven deal "a dumb idea from the start" and further said that had he been CEO at the time of the decision, he would have never signed it. On October 26, 2011, Righthaven

1365-427: A litigant to be heard in a state court, and may deny access to the courts premised on taxpayer standing alone. In California , taxpayers have standing to sue for any 'illegal expenditure of, waste of, or injury to the estate, funds, or other property of a local agency'. In Florida , a taxpayer has standing to sue if the state government is acting unconstitutionally with respect to public funds, or if government action

1470-409: 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 physical labour . Many city-states in ancient Greece limited debt slavery to a period of five years; debt slaves had protection of life and limb, which regular slaves did not have. However, servants of the debtor could be retained beyond that deadline by

1575-413: A narrow right of standing while others provide for a broader right of standing. Frequently a litigant wishes to bring a civil action for a declaratory judgment against a public body or official. This is considered an aspect of administrative law, sometimes with a constitutional dimension, as when the litigant seeks to have legislation declared unconstitutional. The Supreme Court of Canada developed

1680-477: A number of requirements that a plaintiff must establish to have standing before a federal court. Some are based on the case or controversy requirement of the judicial power of Article Three of the United States Constitution , § 2, cl.1 . As stated there, "The Judicial Power shall extend to all Cases . . .[and] to Controversies . . ." The requirement that a plaintiff have standing to sue is a limit on

1785-985: A partial discharge of the student loan. Student loan borrowers may benefit from restructuring their payments through a Chapter 13 bankruptcy repayment plan, but few qualify for discharge of part or all of their student loan debt. Bankruptcy fraud is a white-collar crime most typically involving concealment of assets by a debtor to avoid liquidation in bankruptcy proceedings. It may include filing of false information, multiple filings in different jurisdictions, bribery, and other acts. While difficult to generalize across jurisdictions, common criminal acts under bankruptcy statutes typically involve concealment of assets, concealment or destruction of documents, conflicts of interest, fraudulent claims, false statements or declarations, and fee fixing or redistribution arrangements. Falsifications on bankruptcy forms often constitute perjury . Multiple filings are not in and of themselves criminal, but they may violate provisions of bankruptcy law. In

1890-465: A person bankrupt by compulsory procedure. Basically, these obligations are derived from the legal acts of the court, transactions, the obligation of the debtor to pay taxes, duties, and other fees defined by law. At the same time, when being declared bankrupt with a voluntary bankruptcy application, the applicant bears the obligation to prove the fact that the value of his assets is less than his assets by one million AMD or more. In Australia, bankruptcy

1995-433: A reduction of 8.6% over 2010. Some of the duties of the trustee in bankruptcy are to: Creditors become involved by attending creditors' meetings. The trustee calls the first meeting of creditors for the following purposes: In Canada, a person can file a consumer proposal as an alternative to bankruptcy. A consumer proposal is a negotiated settlement between a debtor and their creditors. A typical proposal would involve

2100-414: A sufficient interest in the matter to which the application relates. This sufficient interest requirement has been construed liberally by the courts. As Lord Diplock put it: [i]t would ... be a grave danger to escape lacuna in our system of public law if a pressure group ... or even a single public spirited taxpayer, were prevented by outdated technical rules of locus standi from bringing

2205-565: A way to bully Internet users into paying unnecessary settlements." In August 2010, the company entered an agreement with WEHCO Media in Arkansas to pursue similar actions. Later, it made a similar arrangement with Media News Group , publisher of the San Jose Mercury News . In December 2010, Righthaven began to sue website operators over republished graphics and photographs, and also expanded its scope to material originally published by

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2310-456: Is a company or person who bid for a contract, or a prospective bidder, whose "direct economic interest would be affected by the award of the contract" to another business. In Hollingsworth v. Perry , the Supreme Court ruled that being the proponents of a ballot measure is not by itself enough to confer legal standing. In that case, Proposition 8 had banned same-sex marriage in California,

2415-532: Is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court , sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: In the United States, the current doctrine is that a person cannot bring a suit challenging the constitutionality of a law unless they can demonstrate that they are or will "imminently" be harmed by

2520-400: Is a court procedure required by the debtor which has been in business for more than two years and requires approval by a judge. The Extrajudicial Restructuring ( Recuperação Extrajudicial ) is a private negotiation that involves creditors and debtors and, as with court-ordered restructuring, also must be approved by courts. Bankruptcy, also referred to as insolvency in Canada, is governed by

2625-459: Is a payment period of three years; however, the court reserves the right to increase or decrease the period depending upon the circumstances of the case. If the debtor has no proven financial ability to pay the creditors, he may be granted an immediate discharge. Since 1996, Israeli personal bankruptcy law has shifted to a relatively debtor-friendly regime, not unlike the American model. In May 2016,

2730-545: Is a status which applies to individuals and is governed by the federal Bankruptcy Act 1966 . Companies do not go bankrupt but rather go into liquidation or administration , which is governed by the federal Corporations Act 2001 . If a person commits an act of bankruptcy, then a creditor can apply to the Federal Circuit Court or the Federal Court for a sequestration order . Acts of bankruptcy are defined in

2835-546: Is above a certain threshold. If the bankrupt fails to pay, the trustee can ask the Official Receiver to issue a notice to garnishee the bankrupt's wages. If that is not possible, the Trustee may seek to extend the bankruptcy for a further three or five years. Bankruptcies can be annulled, and the bankrupt released from bankruptcy, prior to the expiration of the normal three-year period if all debts are paid out in full. Sometimes

2940-504: Is almost always a licensed trustee in bankruptcy, although the Superintendent of Bankruptcy may appoint other people to serve as administrators. In 2006, there were 98,450 personal insolvency filings in Canada: 79,218 bankruptcies and 19,232 consumer proposals. In Canada, bankruptcy always means liquidation. There is no way for a company to emerge from bankruptcy after restructuring, as

3045-589: Is also available in non-constitutional cases, as the Court found in Finlay v. Canada (Minister of Finance) . Like in other jurisdictions, the right to approach a court is contained in the Constitution. The right to approach a court has been interpreted in several cases, this has led to the right to be view differently in different cases. In recent times, there have been different approaches to locus standi. They are: In British administrative law, an applicant needs to have

3150-522: Is also documented in East Asia . According to al-Maqrizi , the Yassa of Genghis Khan contained a provision that mandated the death penalty for anyone who became bankrupt three times. A failure of a nation to meet bond repayments has been seen on many occasions. In a similar way, Philip II of Spain had to declare four state bankruptcies in 1557, 1560, 1575 and 1596. According to Kenneth S. Rogoff, "Although

3255-473: Is causing some special injury to the taxpayer that is not shared by taxpayers in general. In Virginia , the Supreme Court of Virginia has more or less adopted a similar rule. An individual taxpayer generally has standing to challenge an act of a city or county where they live, but does not have general standing to challenge state expenditures. With limited exceptions, a party cannot have standing to challenge

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3360-594: Is concerned". In a 2000 case, Vermont Agency of Natural Resources v. United States ex rel. Stevens , 529 U.S. 765 (2000), the United States Supreme Court endorsed the "partial assignment" approach to qui tam relator standing to sue under the False Claims Act — allowing private individuals to sue on behalf of the U.S. government for injuries suffered solely by the government. In a 2009 case, Summers v. Earth Island Institute , 555 U.S. 488 (2009),

3465-405: Is constitutionally sufficient to sue a municipal government in a federal court . States are also protected against lawsuits by their sovereign immunity . Even where states waive their sovereign immunity, they may nonetheless have their own rules limiting standing against simple taxpayer standing against the state. Furthermore, states have the power to determine what will constitute standing for

3570-422: Is sought, consideration must be given to three aspects. First, is there a serious issue raised as to the invalidity of legislation in question? Second, has it been established that the plaintiff is directly affected by the legislation or if not does the plaintiff have a genuine interest in its validity? Third, is there another reasonable and effective way to bring the issue before the court? Public-interest standing

3675-544: Is subject to the retention limits under the Privacy Act. How long such information is on a credit report may be shorter, depending on the issuing company, but the report must cease to record that information based on the criteria in the Privacy Act. In Brazil , the Bankruptcy Law (11.101/05) governs court-ordered or out-of-court receivership and bankruptcy and only applies to public companies (publicly traded companies) with

3780-454: Is the case in the United States with a Chapter 11 bankruptcy filing. Canada does, however, have laws that allow for businesses to restructure and emerge later with a smaller debt load and a more positive financial future. While not technically a form of bankruptcy, businesses with $ 5M or more in debt may make use of the Companies' Creditors Arrangement Act to halt all debt recovery efforts against

3885-490: Is therefore not a synonym for insolvency . The word bankruptcy is derived from Italian banca rotta , literally meaning ' broken bank ' . 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. In Ancient Greece , bankruptcy did not exist. If

3990-400: Is to liquidate company assets and pay its creditors. The second one is Court-ordered Restructuring ( Recuperação Judicial ). The goal is to overcome the business crisis situation of the debtor in order to allow the continuation of the producer, the employment of workers and the interests of creditors, leading, thus, to preserving company, its corporate function and develop economic activity. It

4095-577: Is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues." John Rutledge , the second chief justice of the United States, was largely responsible for denying the Supreme Court the right to give advisory opinions at the Constitutional Convention . Being a judge himself, he strongly believed that a judge's sole purpose was to resolve legal conflicts; he held that judges should hand down an opinion only when they rule on an actual case. There are

4200-473: The Denver Post and other newspapers. That month it filed more than a dozen lawsuits over a graphic illustration of the " Vdara death ray " that had gone viral . In April 2011, a federal judge unsealed the agreement between Righthaven and Stephens Media, revealing that Stephens Media receives 50% of the proceeds of lawsuits (after deducting costs). In addition, an attorney for one of the defendants claims that

4305-492: The Las Vegas Sun , published a series of editorials criticizing each other over the incident. Wired magazine and others described the lawsuits as copyright trolling and likened the activity to that of patent trolls . Most critics (and several federal judges) agreed that Righthaven had been suing over usage of news items allowed under the " fair use " doctrine. Standing (law) In law, standing or locus standi

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4410-520: The Administrative Decisions (Judicial Review) Act 1977 and common law decisions of the High Court of Australia especially the case Australian Conservation Foundation v Commonwealth (1980). At common law, the test for standing is whether the plaintiff has a "special interest in the subject matter of the action". Under the Administrative Decisions (Judicial Review) Act 1977 to have standing

4515-558: The Bankruptcy and Insolvency Act and is applicable to businesses and individuals. For example, Target Canada , the Canadian subsidiary of the Target Corporation , the second-largest discount retailer in the United States filed for bankruptcy on January 15, 2015, and closed all of its stores by April 12. The office of the Superintendent of Bankruptcy , a federal agency , is responsible for ensuring that bankruptcies are administered in

4620-779: The Parliament of India passed the Insolvency and Bankruptcy Code (IBC), updating outdated corporate insolvency laws. The IBC streamlined the process, reducing delays from a decade to 180 days, and replaced the Board for Industrial and Financial Reconstruction (BIFR) with a market-driven approach. Dutch bankruptcy law is governed by the Dutch Bankruptcy Code ( Faillissementswet ). The code covers three separate legal proceedings. Federal Law No. 127-FZ "On Insolvency (Bankruptcy)" dated 26 October 2002 (as amended) (the "Bankruptcy Act"), replacing

4725-681: The United Kingdom , bankruptcy is limited to individuals; other forms of insolvency proceedings (such as liquidation and administration ) are applied to companies. In the United States , bankruptcy is applied more broadly to formal insolvency proceedings. In some countries, such as in Finland, bankruptcy is limited only to companies and individuals who are insolvent are condemned to de facto indentured servitude or minimum social benefits until their debts are paid in full, with accrued interest except when

4830-440: The United States government . The Court has consistently found that the conduct of the federal government is too far removed from individual taxpayer returns for any injury to the taxpayer to be traced to the use of tax revenues, e.g., United States v. Richardson . In DaimlerChrysler Corp. v. Cuno , the Court extended this analysis to state governments as well. However, the Supreme Court has also held that taxpayer standing

4935-619: The EU, with the UK coming closest to the US system (Reifner et al., 2003; Gerhardt, 2009; Frade, 2010). The Other Member States do not provide the option of a debt discharge. Spain, for example, passed a bankruptcy law ( ley concurs ) in 2003 which provides for debt settlement plans that can result in a reduction of the debt (maximally half of the amount) or an extension of the payment period of maximally five years (Gerhardt, 2009), but it does not foresee debt discharge. In

5040-533: The Enforcement and Collection Authority. Insolvency proceedings above NIS 150,000 individual debtors file the documents will be conducted before the official receiver (the Insolvency Commissioner) and, if a creditor want to file against a debtor, he needs to open process, before the magistrate's court that hears in the district. Company bankruptcy will be conducted before District Court. Simultaneously, with

5145-690: The Righthaven Receivership Estate to pay off legal fees. Righthaven initially entered agreements concerning old news articles from Stephens Media, publisher of the Las Vegas Review-Journal , based on a business model of suing bloggers, other Internet authors, and Internet site operators for statutory damages for having reproduced the articles on their sites without permission. An affiliate of Stephens Media owned half of Righthaven. By March 24, 2011, 255 cases had been filed. Typically, Righthaven has demanded $ 75,000 and surrender of

5250-511: The Superintendent of Bankruptcy reported that trustees in Canada filed 127,774 insolvent estates. Consumer estates were the vast majority, with 122 999 estates. The consumer portion of the 2011 volume is divided into 77,993 bankruptcies and 45,006 consumer proposals. This represented a reduction of 8.9% from 2010. Commercial estates filed by Canadian trustees in 2011 4,775 estates, 3,643 bankruptcies and 1,132 Division 1 proposals. This represents

5355-694: The Supreme Court elaborated on the redressability requirement for standing. The case involved a challenge to a rule promulgated by the Secretary of the Interior interpreting §7 of the Endangered Species Act of 1973 (ESA). The rule rendered §7 of the ESA applicable only to actions within the United States or on the high seas. The Court found that the plaintiffs did not have the standing necessary to bring suit, because no injury had been established. The injury claimed by

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5460-441: The Supreme Court held the petitioner environmental organizations' claim that it was "statistically likely" that some of their members would visit the affected lands was insufficient to support Article III standing. The majority opinion stated the "deprivation of a procedural right without some concrete interest that is affected by the deprivation . . . is insufficient to create Article III standing." The initial case that established

5565-496: The Supreme Court reviewed and further outlined the standing requirements in a major ruling concerning the meaning of the three standing requirements of injury, causation, and redressability. In the suit, parents of black public school children alleged that the Internal Revenue Service was not enforcing standards and procedures that would deny tax-exempt status to racially discriminatory private schools. The Court found that

5670-486: The Trustee's request to provide details of income, the trustee may have grounds to lodge an Objection to Discharge, which has the effect of extending the bankruptcy for a further three or five years depending on the type of Objection. The realisation of funds usually comes from two main sources: the bankrupt's assets and the bankrupt's wages. There are certain assets that are protected, referred to as protected assets . These include household furniture and appliances, tools of

5775-744: The U.S. Supreme Court decision in Lawrence v. Texas (finding that state's sodomy law unconstitutional), Virginia's anti-fornication law was also unconstitutional for the reasons cited in Lawrence. Martin argued, therefore, she could, in fact, sue Ziherl for damages. Lower courts decided that because the Commonwealth's Attorney does not prosecute fornication cases and no one had been prosecuted for fornication anywhere in Virginia in over 100 years, Martin had no risk of prosecution and thus lacked standing to challenge

5880-472: The U.S. Supreme Court held that a criminal defendant charged with violating a federal statute does have standing to challenge the constitutionality of that statute under the Tenth Amendment . There are three standing requirements: Additionally, there are three major prudential (judicially created) standing principles ( prudential standing ). Congress can override these principles via statute : In 1984,

5985-443: The U.S., bankruptcy fraud statutes are particularly focused on the mental state of particular actions. Bankruptcy fraud is a federal crime in the United States. Bankruptcy fraud should be distinguished from strategic bankruptcy , which is not a criminal act since it creates a real (not a fake) bankruptcy state. However, it may still work against the filer. All assets must be disclosed in bankruptcy schedules whether or not

6090-450: The US, it is very difficult to discharge federal or federally guaranteed student loan debt by filing bankruptcy. Unlike most other debts, those student loans may be discharged only if the person seeking discharge establishes specific grounds for discharge under the Brunner test, under which the court evaluates three factors: Even if a debtor proves all three elements, a court may permit only

6195-562: The Virginia Supreme Court decided that the statute against fornication was unconstitutional. The finding gave Martin standing to sue Ziherl since the decision in Zysk was no longer applicable. However, the only reason Martin had standing to challenge the statute was that she had something to lose if it stayed on the books. Only an "interested party" has standing to challenge a federal contract award. In this context, an "interested party"

6300-487: The administration of the bankrupt estate. The Trustee's job includes notifying creditors of the estate and dealing with creditor inquiries; ensuring that the bankrupt complies with their obligations under the Bankruptcy Act; investigating the bankrupt's financial affairs; realising funds to which the estate is entitled under the Bankruptcy Act and distributing dividends to creditors if sufficient funds become available. For

6405-491: The agreement provides only limited rights to the copyrights of Stephens Media, specifically, only the right to sue. Some defense attorneys argue that one must have complete ownership in order to have standing to sue, which may undermine the lawsuits related to the Review-Journal material. On June 14, 2011, Federal District Court Judge Roger L. Hunt ruled that Righthaven had no standing to sue for copyright infringement, on

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6510-449: The applicant must be "a person who is aggrieved", defined as "a person whose interests are adversely affected" by the decision or conduct complained of. This has generally been interpreted in accordance with the common law test. There is no open standing, unless statute allows it, or represents needs of a specified class of people. The issue is one of remoteness. Standing may apply to class of aggrieved people, where essentially

6615-443: The closeness of the plaintiff to the subject matter is the test. Furthermore, a plaintiff must show that he or she has been specially affected in comparison with the public at large. Also, while there is no open standing per se, prerogative writs like certiorari , writ of prohibition , quo warranto and habeas corpus have a low burden in establishing standing. Australian courts also recognise amicus curiae (friend of

6720-551: The company bank account held less than $ 1,000, the court issued an order for Righthaven to turn over its intellectual property to a court-appointed receiver to be sold at auction. Righthaven did not comply by the December 19, 2011 deadline, and filed an emergency appeal with the 9th U.S. Circuit Court of Appeals in San Francisco to stop the auction from going forward, a motion which was rejected on January 10, 2012. On December 21, 2011,

6825-453: The company while they formulate a plan to restructure. The People's Republic of China legalized bankruptcy in 1986, and a revised law that was more expansive and complete was enacted in 2007. Bankruptcy in Ireland applies only to natural persons . Other insolvency processes including liquidation and examinership are used to deal with corporate insolvency. Irish bankruptcy law has been

6930-529: The concept of public interest standing in three constitutional cases commonly called "the Standing trilogy": Thorson v. Attorney General of Canada , Nova Scotia Board of Censors v. McNeil , and Minister of Justice v. Borowski . The trilogy was summarized as follows in Canadian Council of Churches v. Canada (Minister of Employment and Immigration) : It has been seen that when public interest standing

7035-470: The constitutionality of a statute is if the existence of the statute would otherwise deprive him of a right or a privilege even if the statute itself would not apply to him. The Virginia Supreme Court made this point clear in the case of Martin v. Ziherl 607 S.E.2d 367 (Va. 2005). Martin and Ziherl were girlfriend and boyfriend and engaged in unprotected sexual intercourse when Martin discovered that Ziherl had infected her with herpes , even though he knew he

7140-511: The constitutionality of a statute unless they will be subjected to the provisions of that statute. There are some exceptions, however; for example, courts will accept First Amendment challenges to a statute on overbreadth grounds, where a person who is only partially affected by a statute can challenge the parts that do not affect him on the grounds that laws that restrict speech have a chilling effect on other people's right to free speech. The only other way someone can have standing to challenge

7245-552: The consumer proposal. Once the proposal is accepted by both the creditors and the Court, the debtor makes the payments to the Proposal Administrator each month (or as otherwise stipulated in their proposal), and the general creditors are prevented from taking any further legal or collection action. If the proposal is rejected, the debtor is returned to his prior insolvent state and may have no alternative but to declare personal bankruptcy. A consumer proposal can only be made by

7350-501: The contract expressly grants them the right to do so. Almost all criminal prosecutions are brought by the state via the Crown Prosecution Service , so private prosecutions are rare. An exception was the case of Whitehouse v Lemon where Mrs Mary Whitehouse , a self-appointed guardian of suburban morality, was permitted to bring a private prosecution for blasphemous libel (an offence still in existence until 2008) against

7455-452: The court by the creditor or with an application to recognize his own bankruptcy. Legal and natural persons, including individual entrepreneurs, who have an indisputable payment obligation exceeding 60 days and amounting to more than one million AMD can be declared bankrupt. All creditors, including the state and municipalities, to whom the person has an obligation that meets the above-mentioned minimum criteria can submit an application to declare

7560-568: The court decides to show rare clemency by accepting a debtors application for debt restructuring , in which case an individual may have the amount of remaining debt reduced or be released from the debt. In Argentina the national Act "24.522 de Concursos y Quiebras" regulates the Bankruptcy and the Reorganization of the individuals and companies, public entities are not included. A person may be declared bankrupt with an application submitted to

7665-537: The court will hear a case, it must find that the parties have a tangible interest at stake in the matter, the issue presented must be "mature for judicial resolution" or ripe , and a justiciable issue must remain before the court throughout the course of the lawsuit. The American doctrine of standing is assumed as having begun with the case of Frothingham v. Mellon . However, legal standing truly rests its first prudential origins in Fairchild v. Hughes , (1922) which

7770-404: The court), and the various Attorneys General have a presumed standing in administrative law cases. In Canadian administrative law , whether an individual has standing to bring an application for judicial review, or an appeal from the decision of a tribunal, is governed by the language of the particular statute under which the application or the appeal is brought. Some statutes provide for

7875-430: The creditor and were often forced to serve their new lord for a lifetime, usually under significantly harsher conditions. An exception to this rule was Athens , which by the laws of Solon forbade enslavement for debt; as a consequence, most Athenian slaves were foreigners (Greek or otherwise). The Statute of Bankrupts of 1542 was the first statute under English law dealing with bankruptcy or insolvency . Bankruptcy

7980-401: The debtor believes the asset has a net value . This is because once a bankruptcy petition is filed, it is for the creditors, not the debtor, to decide whether a particular asset has value. The future ramifications of omitting assets from schedules can be quite serious for the offending debtor. In the United States, a closed bankruptcy may be reopened by motion of a creditor or the U.S. trustee if

8085-418: The development of international capital markets was quite limited prior to 1800, we nevertheless catalog the various defaults of France , Portugal , Prussia , Spain , and the early Italian city-states. At the edge of Europe, Egypt, Russia, and Turkey have histories of chronic default as well." The principal focus of modern insolvency legislation and business debt restructuring practices no longer rests on

8190-414: The doctrine of standing, Frothingham v. Mellon , was a taxpayer standing case. Taxpayer standing is the concept that any person who pays taxes should have standing to file a lawsuit against the taxing body if that body allocates funds in a way that the taxpayer feels is improper. The United States Supreme Court has held that taxpayer standing is not by itself a sufficient basis for standing against

8295-419: The domain name from each alleged infringer, but accepted out of court settlements of several thousand dollars per defendant. As of December 2010 approximately 70 cases had settled. The Electronic Frontier Foundation (EFF) soon took up the case on behalf of several defendants. Kurt Opsahl, an EFF attorney, said, "Despite what Righthaven claims, it's hard to interpret these lawsuits as anything else besides

8400-488: The duration of their bankruptcy, all bankrupts have certain restrictions placed upon them. For example, a bankrupt must obtain the permission of their trustee to travel overseas. Failure to do so may result in the bankrupt being stopped at the airport by the Australian Federal Police. Additionally, a bankrupt is required to provide their trustee with details of income and assets. If the bankrupt does not comply with

8505-505: The elimination of insolvent entities, but on the remodeling of the financial and organizational structure of debtors experiencing financial distress so as to permit the rehabilitation and continuation of the business. For private households, it is important to assess the underlying problems and to minimize the risk of financial distress to recur. It has been stressed that debt advice, a supervised rehabilitation period, financial education and social help to find sources of income and to improve

8610-440: The exception of financial institutions, credit cooperatives, consortia, supplementary scheme entities, companies administering health care plans, equity companies and a few other legal entities. It does not apply to state-run companies. Current law covers three legal proceedings. The first one is bankruptcy itself ("Falência"). Bankruptcy is a court-ordered liquidation procedure for an insolvent business. The final goal of bankruptcy

8715-409: The federal standing doctrine. Bankruptcy 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, and the term bankruptcy

8820-415: The fundamental inquiry is always whether the plaintiff has sufficiently plead a cause of action, not whether the plaintiff has some entitlement to judicial action separate from proof of the substantive merits of the claim advanced. The court acknowledged that the word "standing" is often sloppily used to refer to what is really jus tertii , and held that jus tertii in state law is not the same thing as

8925-496: The grounds that the original parties retain the actual copyrights. Hunt also dressed down Righthaven for misrepresenting its financial connections to Stephens Media. Among other sanctions imposed by Hunt, Righthaven was fined US$ 5,000 for the misrepresentation. On August 15, 2011, after losing a case handled by Marc Randazza Righthaven was ordered to pay $ 34,045.50 in attorney's fees and court costs in its unsuccessful lawsuit against Wayne Hoehn. Righthaven had sued Hoehn for copying

9030-481: The issue of the order for the commencement of insolvency proceedings, the Insolvency Commissioner shall appoint a trustee for the debtor and an audit will be carried out, in which the debtor's economic capability and his conduct will be examined (lasting approximately 12 months). At the end of this audit a payment plan is established, at the end of which the debtor will receive a discharge. The default scenario

9135-425: The law. Otherwise, the court will rule that the plaintiff "lacks standing" to bring the suit, and will dismiss the case without considering the merits of the claim of unconstitutionality. The Council of Europe created the first international court before which individuals have automatic locus standi . Australia has a common law understanding of locus standi or standing which is expressed in statutes such as

9240-514: The legislation, and include the failure to comply with a bankruptcy notice. A bankruptcy notice can be issued where, among other cases, a person fails to pay a judgment debt of at least $ 5,000. A person can also seek to have themselves declared bankrupt for any amount of debt by lodging a debtor's petition with the "Official Receiver", which is the Australian Financial Security Authority (AFSA). All bankrupts must lodge

9345-408: The management of household expenditures must be equally provided during this period of rehabilitation (Refiner et al. , 2003; Gerhardt, 2009; Frade, 2010). In most EU member States, debt discharge is conditioned by a partial payment obligation and by a number of requirements concerning the debtor's behavior. In the United States (US), discharge is conditioned to a lesser extent. The spectrum is broad in

9450-459: The matter to the attention of the court to vindicate the rule of law and get the unlawful conduct stopped. In the law of contract , the doctrine of privity means that only those who are party to a contract can sue or be sued upon it. This doctrine was substantially amended by the Contracts (Rights of Third Parties) Act 1999 , which allows third parties specified in a contract to enforce it provided

9555-521: The payment of Hoehn's legal fees from the August 2011 ruling. The company had previously delayed the payment to avoid bankruptcy . On November 1, 2011, Pro authorized the US Marshals Service to use reasonable force to seize $ 63,000 in cash and assets from Righthaven in order to pay Hoehn's legal fees. The amount included additional costs and fees from three months of delays. When it was discovered that

9660-526: The plaintiffs did not have the standing necessary to bring suit. Although the Court established a significant injury for one of the claims, it found the causation of the injury (the nexus between the defendant's actions and the plaintiff's injuries) to be too attenuated. "The injury alleged was not fairly traceable to the Government conduct respondents challenge as unlawful". In another major standing case, Lujan v. Defenders of Wildlife , 504 U.S. 555 (1992),

9765-471: The plaintiffs was that damage would be caused to certain species of animals and that this in turn injures the plaintiffs by the reduced likelihood that the plaintiffs would see the species in the future. The court insisted though that the plaintiffs had to show how damage to the species would produce imminent injury to the plaintiffs. The Court found that the plaintiffs did not sustain this burden of proof. "The 'injury in fact' test requires more than an injury to

9870-403: The previous law in 1998, to better address the above problems and a broader failure of the action. Russian insolvency law is intended for a wide range of borrowers: individuals and companies of all sizes, with the exception of state-owned enterprises, government agencies, political parties and religious organizations. There are also special rules for insurance companies, professional participants of

9975-421: The publisher of Gay News , Denis Lemon . Victims of crime have standing to sue the perpetrator and they may claim criminal injuries compensation from the state. If the state fails properly to bring a case, the victim or his family may have standing to bring a private prosecution, as in the case of Stephen Lawrence . In United States law , the Supreme Court has stated, "In essence the question of standing

10080-440: The righthaven.com domain name was transferred to the receiver for auction. On January 6, 2012, the righthaven.com domain name sold for $ 3,300 to a Switzerland-based hosting service with the stated goal of protecting clients against "frivolous or overly aggressive take-down tactics". On March 13, 2013, what copyrights Righthaven held regarding Stephens Media assets were sold off in order to satisfy financial obligations. Proceeds from

10185-477: The role of the judiciary and the law of Article III standing is built on the idea of separation of powers. Federal courts may exercise power only "in the last resort, and as a necessity". The Supreme Court has determined that the case or controversy requirement found in Article Three of the United States Constitution prohibits United States federal courts from issuing advisory opinions . Accordingly, before

10290-452: The sale were divided between the receivers of the Righthaven Receivership Estate, the litigant Wayne Hoehn, and Hoehn's lawyer, Marc Randazza. As stated by the receiver, "...Righthaven’s rights acquired from Stephens Media were sold back to their original source in a commercially reasonable manner, as no other market existed for them." The cases were covered by many newspapers and blogs. The Las Vegas Review-Journal and its main competitor,

10395-487: The securities market, agricultural organizations and other special laws for financial institutions and companies in the natural monopolies in the energy industry. Federal Law No. 40-FZ "On Insolvency (Bankruptcy)" dated 25 February 1999 (as amended) (the "Insolvency Law of Credit Institutions") contains special provisions in relation to the opening of insolvency proceedings in relation to the credit company. Insolvency Provisions Act, credit organizations used in conjunction with

10500-462: The statute. Martin appealed. Since Martin had something to lose – the ability to sue Ziherl for damages – if the statute was upheld, she had standing to challenge the constitutionality of the statute even though the possibility of her being prosecuted for violating it was zero. Since the U.S. Supreme Court in Lawrence had found that there is a privacy right in one's private, noncommercial sexual practices,

10605-503: The subject of significant comment, from both government sources and the media, as being in need of reform. Part 7 of the Civil Law (Miscellaneous Provisions) Act 2011 has started this process and the government has committed to further reform. Bankruptcy in Israel is governed by the Insolvency and Rehabilitation Law, 2018. Insolvency proceedings below NIS 150,000 will be administered entirely by

10710-442: The trade and vehicles up to a certain value. All other assets of value can be sold. If a house, including the main residence, or car is above a certain value, a third party can buy the interest from the estate in order for the bankrupt to utilise the asset. If this is not done, the interest vests in the estate and the trustee is able to take possession of the asset and sell it. The bankrupt must pay income contributions if their income

10815-650: Was authored by Justice Louis Brandeis . In Fairchild , a citizen sued the Secretary of State and the Attorney General to challenge the procedures by which the Nineteenth Amendment was ratified. Prior to it, the doctrine was that all persons had a right to pursue a private prosecution of a public right. Since then the doctrine has been embedded in judicial rules and some statutes. In 2011, in Bond v. United States ,

10920-492: Was infected and did not inform her of this. She sued him for damages, but because it was illegal (at the time the case was filed) to commit "fornication" (sexual intercourse between a man and a woman who are not married), Ziherl argued that Martin could not sue him because joint tortfeasors – those involved in committing a crime – cannot sue each other over acts occurring as a result of a criminal act ( Zysk v. Zysk , 404 S.E.2d 721 (Va. 1990)). Martin argued in rebuttal that because of

11025-579: Was ordered to pay $ 119,488 in attorney's fees and court costs in its lawsuit against former federal prosecutor Thomas DiBiase. Righthaven had sued DiBiase for posting a Review-Journal story about a murder case without permission. Hunt, who had also presided over the Democratic Underground case, threw out Righthaven's suit that summer after finding Righthaven lacked standing. On October 29, 2011, Wayne Hoehn asked Pro to seize Righthaven's assets, including its bank accounts and property, to provide for

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