What are 707b offenses?
There are 29 offenses listed under California Welfare and Institutions Code § 707(b) that are considered serious or violent in nature. If a person commits one of these offenses at age 14 or older, he or she will no longer be eligible to seal his or her juvenile record. These offenses include: Murder.
Who may be a debtor?
Only an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less than $250,000  and noncontingent, liquidated, secured debts of less than $750,000, or an individual with regular income and such individual’s spouse, except a stockbroker …
Is PC 245 a felony?
Penal Code 245(a)(1) is a “wobbler” in California law, meaning it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the maximum jail sentence that can get imposed is one year in county jail. The basic felony sentence for PC 245(a)(1) is two, three, or four years in state prison.
Who may be a debtor Chapter 7?
Chapter 7 Eligibility To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b).
Can railroads file for Chapter 11?
Unlike a Chapter 7 Bankruptcy, a railroad may also be a debtor in a Chapter 11. An individual may filed a Chapter 11 case, even when he or she is no engaged in business.
What is sb1391?
California Supreme Court Rules SB 1391 Constitutional, Prohibiting Transfer of Young Teens to Adult Criminal Court.
What factors are taken into consideration at a transfer hearing?
These factors include:
- the age and social background of the juvenile;
- the nature of the alleged offense;
- the extent and nature of the juvenile’s prior delinquency record;
- the juvenile’s present intellectual development and psychological maturity;
What is a GBI charge?
“Any person who personally inflicts a great bodily injury on any person, other than an accomplice, while committing a felony, or attempting to commit a felony offense, shall be punished by an additional and consecutive term of in state prison for three to six years.”
What’s assault with GBI?
Under California law, an assault is an unlawful attempt to commit a violent injury on someone. No bodily harm has to occur for an assault to take place. A “great bodily injury,” or a GBI, is a significant or a substantial injury (e.g., a broken bone, a jaw fracture, and/or gunshot wounds).
What happens to your bank account when you file Chapter 7?
In most Chapter 7 bankruptcy cases, nothing happens to the filer’s bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won’t affect it.
Does Chapter 7 Get rid of all debt?
If you file a bankruptcy case under Chapter 7, not all debts are eliminated (or “discharged”) once the bankruptcy process is complete. Generally speaking, in a Chapter 7 proceeding, the following types of debts are not discharged: Debts that were not listed at the start of the case (or debts for unlisted creditors).
What should I Ask my bankruptcy lawyer about 707 (b) abuse?
Ask your lawyer if he or she has defended 707 (b) abuse motions before, and if so, ask about the outcome of those cases. An experienced bankruptcy lawyer will have defended at least half a dozen 707 (b) motions, and possibly will have had other lawyers refer such cases to him or her for a defense.
What is a juvenile 707 (b) charge?
a person charged with committing any WIC 707 (b) crime at age 14 or 15, if he or she was not caught prior to the end of juvenile court jurisdiction. the circumstances and gravity of the current offenses.
What happens if you defend a 707 (b) motion?
There’s a good chance that if you defend the 707 (b) motion, you will either win in court, or the UST will withdraw its motion after your lawyer files a legal response to the motion. In fact, debtors who defend these motions are successful most of the time.
What does Section 707 of the House amendment mean?
Section 707 of the House amendment indicates that the court may dismiss a case only after notice and a hearing.