It is important to us to help you as much as possible to understand Idaho Law. Feel free to ask any general question about Idaho Criminal Law, Idaho Civil Law, Federal Bankruptcy Law, or Federal Appeals.
HOW LONG DOES A FEDERAL APPEAL TAKE?
There is no set time. A decision in an appeal will usually take at least six months from the time the notice of appeal is filed and could be much longer. Among the factors that add to the time are delays in preparing the transcripts, extensions obtained to file the briefs, and extra time taken by the court to consider the case.
WHAT TYPES OF LEGAL ISSUES ARE NOT APPROPRIATE FOR APPELLATE REVIEW?
Any issues that depend on facts that were not presented to the district court will usually not be considered on appeal. Similarly, pure issues of fact will generally not be considered by the appellate court.
HOW DO I GET A COA?
Generally, it is advisable to file a request for a COA at the same time that the Notice of Appeal is filed. The request should specify what issue(s) there has been a substantial showing of the denial of a constitutional right. If the district court grants the COA, the appeal will be proceed to the Ninth Circuit, and the Ninth Circuit will set a schedule for the briefs. If the district court denies the COA, the request will be forwarded to the Ninth Circuit, and the Circuit will independently decide whether to issue a COA.
WHAT IS A CERTIFICATE OF APPEALABILITY ("COA") AND DO I NEED ONE?
An appeal from a judgment denying a petition for writ of habeas may not go forward unless and until either the district court or the Ninth Circuit issues a COA. A COA will be issued only if the person appealing has made a substantial showing of the denial of a constitutional right. There is no requirement for a COA in an ordinary federal criminal case.
DO I HAVE TO PAY A FILING FEE?
In a direct criminal appeal, you do not have to pay a fee if you were permitted to proceed in forma pauperis in the district court. If you did not have in forma pauperis status in the district court, you must file a motion to proceed in forma pauperis in the Ninth Circuit to avoid the filing fee. You should include a financial affidavit with your motion.
WHERE DO I FILE THE NOTICE OF APPEAL?
The NOA is filed with the Clerkâs Office of the district court and not in the Court of Appeals.
WHEN DO I NEED TO FILE THE NOTICE OF APPEAL ("NOA")?
In a criminal case, the NOA must be filed within 10 days of the entry of judgment. In a civil or habeas case, the NOA must be filed within 30 days of the entry of judgment.
WHICH COURT HEARS THE APPEAL?
The federal appeals system is comprised of 12 regional circuits throughout the United States. The court of appeals hears appeals from the district courts located within its circuit. Appeals from our district, the United States District Court, Central District of California, are heard by the Ninth Circuit Court of Appeals.
WHAT IS A FEDERAL APPEAL?
You may appeal from any judgment issued by the district court. In a criminal case, you may appeal the judgment of conviction and sentence. In a habeas case, you may appeal from the judgment denying and/or dismissing the petition for writ of habeas corpus. You may also appeal from a judgment in a civil case. The rules governing appeals are different for each type of case.
WHAT IS CHAPTER 7 BANKRUPTCY?
Chapter 7 bankruptcy, sometimes call a straight bankruptcy is a liquidation proceeding. The debtor turns over all non-exempt property to the bankruptcy trustee who then converts it to cash for distribution to the creditors. The debtor receives a discharge of all dischargeable debts usually within four months. In the vast majority of cases the debtor has no assets that he would lose so Chapter 7 will give that person a relatively quick "fresh start".
One of the main purposes of Bankruptcy Law is to give a person, who is hopelessly burdened with debt, a fresh start by wiping out his or her debts.
WHAT IS CHAPTER 13 BANKRUPTCY?
Chapter 13 Bankruptcy is also known as a reorganization bankruptcy. Chapter13 bankruptcy is filed by individuals who want to pay off their debts over a period of three to five years. This type of bankruptcy appeals to individuals who have non-exempt property that they want to keep. It is also only an option for individuals who have predictable income and whose income is sufficient to pay their reasonable expenses with some amount left over to pay off their debts.
I WAS BANKRUPT BEFORE. WHEN CAN I FILE AGAIN
A person can file Chapter 7 again if it has been more than 8 years since he or she filed the previous Chapter 7 bankruptcy. Also refer to: Chapter 13.
WHO WILL KNOW?
Bankruptcy filings are public records. However, under normal circumstances, no one will know you went bankrupt. The Credit Bureaus will record your bankruptcy and it will remain on your credit record for 10 years.
WILL MY SPOUSE BE AFFECTED?
Your wife or husband will not be affected by your bankruptcy if they are not responsible (did not sign an agreement or contract) for any of your debt. If they have a supplemental credit card they are probably responsible for that debt. However, in a community property state like Idaho, either spouse can contract for a debt without the other spouse's signature on anything, and still obligate the marital community. There are a few exceptions to that rule, such as the purchase or sale of real estate; those few exceptions do require both spouse's signatures on contracts. But the day to day debts, such as credit cards, do NOT require both spouses to have signed.
WILL MY CREDITORS STOP HARASSING ME?
Yes, they will! By law, all actions against a debtor must cease once the documents are filed. Creditors cannot initiate or continue any lawsuits, wage garnishees, or even telephone calls demanding payments. Secured creditors such as banks holding, for example, a lien on a car, will get the stay lifted if you cannot make payments.
HOW DIFFICULT WILL IT BE TO FILE CHAPTER 7 UNDER THE NEW BANKRUPTCY LAWS?
There has been much doom and gloom written about the bankruptcy means test under the new laws and how much more difficult it's going to be to file Chapter 7. It's true that there are more hoops to jump through under the new laws and it's true that the bankruptcy means test will result in some people having to file chapter 13 instead of Chapter 7. However, for the vast majority of filers Chapter 7 is still available with very little extra effort.
What's a Power of Attorney?
A Power of Attorney is used to delegate legal authority to another. The Principal signs a Power of Attorney. The Power of Attorney gives legal authority to another person known as an Agent or Attorney-in-Fact to make property, financial and other legal decisions for the Principal. The word attorney here means anyone authorized to act on anothers behalf. Its not restricted to lawyers.
Is it possible for an Agent to steal my money and property?
A Power of Attorney can be abused, and dishonest Agents have used Powers of Attorney to transfer the Principal's assets to themselves and others. Use only someone who is completely trustworthy, and to require the Agent to provide complete and periodic accountings to you or .
What kinds of legal authority can be granted with a Power of Attorney?
"Nondurable," "Durable," or "Springing,"
