Golden Valley Bankruptcy Lawyer, North Carolina, page 4
Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution
Clinton L. Rudisill
International, Criminal, Bankruptcy, Accident & Injury
Status: Deceased Licensed: 25 Years
Mars Hill, NC 28754
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LEGAL TERMS
FRAUDULENT TRANSFER
In a bankruptcy case, a transfer of property to another for less than the property's value for the purpose of hiding the property from the bankruptcy trustee --... (more...)
In a bankruptcy case, a transfer of property to another for less than the property's value for the purpose of hiding the property from the bankruptcy trustee -- for instance, when a debtor signs a car over to a relative to keep it out of the bankruptcy estate. Fraudulently transferred property can be recovered and sold by the trustee for the benefit of the creditors.
TRADE DRESS
The distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace -- for example, the shape... (more...)
The distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace -- for example, the shape of Frangelico liqueur bottles. Trade dress can be protected under trademark law if a showing can be made that the average consumer would likely be confused as to product origin if another product were allowed to appear in similar dress.
CONSUMER CREDIT COUNSELING SERVICE (CCCS)
A national non-profit agency that, at no cost, helps debtors plan budgets and repay their debts. One major criticism of CCCS is that each office is primarily fu... (more...)
A national non-profit agency that, at no cost, helps debtors plan budgets and repay their debts. One major criticism of CCCS is that each office is primarily funded by voluntary donations from the creditors that receive payments from debtors repaying their debts through that office. Despite this criticism, most CCCS counselors provide clients with thorough and neutral advice.
CYBERSQUATTING
Buying a domain name that reflects the name of a business or famous person with the intent of selling the name back to the business or celebrity for a profit. T... (more...)
Buying a domain name that reflects the name of a business or famous person with the intent of selling the name back to the business or celebrity for a profit. The Anticybersquatting Consumer Protection Act of 1999 authorizes a cybersquatting victim to file a federal lawsuit to regain a domain name or sue for financial compensation. Under the act, registering, selling or using a domain name with the intent to profit from someone else's good name is considered cybersquatting. Victims of cybersquatting can also use the provisions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN, an international tribunal administering domain names. This international policy results in arbitration of the dispute, not litigation.
PROCEEDS FOR DAMAGED EXEMPT PROPERTY
In a bankruptcy proceeding, money collected through insurance, arbitration, mediation, settlement or a lawsuit to pay for exempt property that's no longer exemp... (more...)
In a bankruptcy proceeding, money collected through insurance, arbitration, mediation, settlement or a lawsuit to pay for exempt property that's no longer exemptible because it has been damaged or destroyed.
GENERAL PARTNER
A person who joins with at least one other to own and operate a business for profit -- and who (unlike a corporation's owners), is personally liable for all the... (more...)
A person who joins with at least one other to own and operate a business for profit -- and who (unlike a corporation's owners), is personally liable for all the business's debts and obligations. A general partner's actions can legally bind the entire business. See also partnership, limited partnership.
TRADE NAME
The official name of a business, the one it uses on its letterhead and bank account when not dealing with consumers.
FCRA
See Fair Credit Reporting Act.
FDCPA
See Fair Debt Collections & Practices Act.
SAMPLE LEGAL CASES
Morales-Rodriguez v. Carolina Quality
... On 9 August 2007, defendants appealed to this Court. These proceedings were
stayed on 23 January 2008 pursuant to 11 USC § 362 by reason of a bankruptcy
proceeding filed by individual defendant, Cynthia Vinson. By ...
Woods v. Mangum
... the Estate. Plaintiffs also filed for federal bankruptcy protection on 29 August 2002
and were released from bankruptcy on 438 3 May 2007. The Mangums' claim was
not discharged as a result of plaintiffs' bankruptcy. The Executrix ...
Moss Creek Homeowners Ass'n v. Bissette
... ("Byron"). Byron filed for bankruptcy protection in 1991, and received its discharge from bankruptcy
on 24 August 2005. ... The Bissettes next argue that the assignment of rights of the Declaration and
the subsequent bankruptcy of Byron renders the covenant unenforceable. ...
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