Comanche County, KS Credit & Debt Lawyers
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141 E Main St, Coldwater, KS 67029
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215 E Main St, Coldwater, KS 67029
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Charles H. Herd
Real Estate, Lawsuit & Dispute, Industry Specialties, Estate
Status: In Good Standing Licensed: 38 Years
400 E Walnut, Coldwater, KS 67029
Profile LAWPOINTS™17/100
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LEGAL TERMS
401(K) PLAN
A deferred compensation savings program in which employees invest part of their wages, sometimes along with employer contributions, to save on taxes. No income ... (more...)
A deferred compensation savings program in which employees invest part of their wages, sometimes along with employer contributions, to save on taxes. No income taxes on the amount invested and any earnings are due until the employee withdraws money from the fund.
DEBIT CARD
A card issued by a bank that combines the functions of an ATM card and checks. A debit card can be used to withdraw cash at a bank like an ATM card, and it can ... (more...)
A card issued by a bank that combines the functions of an ATM card and checks. A debit card can be used to withdraw cash at a bank like an ATM card, and it can also be used at stores to pay for goods and services in place of a check. Unlike a credit card, a debit card automatically withdraws money from your checking account at the time of the transaction. Debit cards are regulated by the Electronic Funds Transfer Act.
DISPOSABLE INCOME
The difference between a debtor's current monthly income and allowable expenses. This is the amount that the new bankruptcy law deems available to pay into a Ch... (more...)
The difference between a debtor's current monthly income and allowable expenses. This is the amount that the new bankruptcy law deems available to pay into a Chapter 13 plan.
PRIORITY DEBT
A type of debt that is paid first if there are distributions made from the bankruptcy estate in a Chapter 7 bankruptcy, and must be paid in full in a Chapter 13... (more...)
A type of debt that is paid first if there are distributions made from the bankruptcy estate in a Chapter 7 bankruptcy, and must be paid in full in a Chapter 13 bankruptcy. Priority debts include alimony and child support, fees owed to the trustee and the attorney in the bankruptcy case, and wages owed to employees.
NONPROFIT CORPORATION
A legal structure authorized by state law allowing people to come together to either benefit members of an organization (a club, or mutual benefit society) or f... (more...)
A legal structure authorized by state law allowing people to come together to either benefit members of an organization (a club, or mutual benefit society) or for some public purpose (such as a hospital, environmental organization or literary society). Nonprofit corporations, despite the name, can make a profit, but the business cannot be designed primarily for profit-making purposes, and the profits must be used for the benefit of the organization or purpose the corporation was created to help. When a nonprofit corporation dissolves, any remaining assets must be distributed to another nonprofit, not to board members. As with for-profit corporations, directors of nonprofit corporations are normally shielded from personal liability for the organization's debts. Some nonprofit corporations qualify for a federal tax exemption under _ 501(c)(3) of the Internal Revenue Code, with the result that contributions to the nonprofit are tax deductible by their donors.
MEETING OF CREDITORS
A meeting held with the bankruptcy trustee about a month after you file for bankruptcy. You must attend. The trustee reviews your bankruptcy papers and asks a f... (more...)
A meeting held with the bankruptcy trustee about a month after you file for bankruptcy. You must attend. The trustee reviews your bankruptcy papers and asks a few questions. In a Chapter 7, the meeting of creditors lasts a few minutes and rarely do any creditors show up. In a Chapter 13 bankruptcy, one or two creditors may attend, especially if they disagree with some provision of your repayment plan.
FAIR DEBT COLLECTIONS & PRACTICES ACT (FDCPA)
A federal law that outlaws unfair debt collection practices, including lying, harassing, misleading and otherwise abusing debtors, by debt collectors working fo... (more...)
A federal law that outlaws unfair debt collection practices, including lying, harassing, misleading and otherwise abusing debtors, by debt collectors working for collection agencies. The law does not apply to creditors collecting their own debts. This law has greatly improved conditions for debtors, although more than a few debt collectors ignore the law. If a collection agency violates the law, debtors can contact the Federal Trade Commission for help.
PRESUMED ABUSE
In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means te... (more...)
In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means test, the court will presume that the debtor has sufficient income to fund a Chapter 13 plan. In this situation, the debtor will not be allowed to proceed with a Chapter 7 bankruptcy unless the debtor can prove that he or she is not abusing the Chapter 7 bankruptcy remedy.
FAIR LABOR STANDARDS ACT (FLSA)
A federal law that guarantees a worker's right to be paid fairly. The FLSA defines the 40-hour workweek, sets out the federal minimum wage, states requirements ... (more...)
A federal law that guarantees a worker's right to be paid fairly. The FLSA defines the 40-hour workweek, sets out the federal minimum wage, states requirements for overtime and places restrictions on child labor.
SAMPLE LEGAL CASES
Packard v. CREDIT SOLUTIONS OF AMERICA
... Credit Solutions of America, Inc. (CSA), appeals the denial of its motion to compel arbitration,
or in the alternative, to dismiss for lack of jurisdiction. We reverse and remand. CSA is a Texas
corporation offering debt reduction and/or resolution services to its clients through ...
Hall v. FORD MOTOR CREDIT COMPANY, INC.
... Ford Credit opined that Hall's voluntary bankruptcy filing constituted a default under the security
agreement and that if Hall did not reaffirm the debt, Ford Credit would suffer a "significant
impairment of the prospect of payment, performance or realization of the collateral under ...
Hall v. FORD MOTOR CREDIT CO. LLC
... Ford Credit opined that Hall's voluntary bankruptcy filing constituted a default under the security
agreement and that if Hall did not reaffirm the debt, Ford Credit would suffer a "significant
impairment of the prospect of payment, performance or realization of the collateral under ...
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PRACTICE AREAS
- Accident & Injury
- Bankruptcy & Debt
- -Bankruptcy
- -Bankruptcy Litigation
- -Commercial Bankruptcy
- -Consumer Bankruptcy
- -Dissolution
- -Collection
- Credit & Debt
- -Reorganization
- -Workout
- Business
- Civil & Human Rights
- Consumer Rights
- Criminal
- Divorce & Family Law
- Employment
- Environmental Law
- Estate
- Government
- Health Care
- Immigration
- Industry Specialties
- Intellectual Property
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- Lawsuit & Dispute
- Mass Torts
- Motor Vehicle
- Real Estate
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- Other