Montebello Credit & Debt Lawyer, Virginia
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LEGAL TERMS
CHAPTER 13 PLAN
A document filed in a Chapter 13 bankruptcy in which the debtor shows how all of his or her disposable income will be used over a three- to five-year period to ... (more...)
A document filed in a Chapter 13 bankruptcy in which the debtor shows how all of his or her disposable income will be used over a three- to five-year period to pay all mandatory debts -- for example, back child support, taxes, and mortgage arrearages -- as well as some or all unsecured, nonpriority debts, such as medical and credit card bills.
DISCHARGEABLE DEBTS
Debts that can be erased by going through bankruptcy. Most debts incurred prior to declaring bankruptcy are dischargeable, including back rent, credit card bill... (more...)
Debts that can be erased by going through bankruptcy. Most debts incurred prior to declaring bankruptcy are dischargeable, including back rent, credit card bills and medical bills. Compare nondischargeable debts.
PREFERENCE
A payment made by a debtor to a creditor within a defined period prior to filing for bankruptcy -- within three months for arms-length creditors (regular commer... (more...)
A payment made by a debtor to a creditor within a defined period prior to filing for bankruptcy -- within three months for arms-length creditors (regular commercial creditors) and within one year for insider creditors (friends, family members, and business associates). Because a preference gives the creditor who received the payment an edge over other creditors in the bankruptcy case, the trustee can recover the preference (the amount of the payment) and distribute it among all of the creditors.
GARNISHMENT
A court-ordered process that takes property from a person to satisfy a debt. For example, a person who owes money to a creditor may have her wages garnished if ... (more...)
A court-ordered process that takes property from a person to satisfy a debt. For example, a person who owes money to a creditor may have her wages garnished if she loses a lawsuit filed by the creditor. Up to 25% of a person's wages can be deducted.
GUARANTOR
A person who makes a legally binding promise to either pay another person's debt or perform another person's duty if that person defaults or fails to perform. T... (more...)
A person who makes a legally binding promise to either pay another person's debt or perform another person's duty if that person defaults or fails to perform. The guarantor gives a 'guaranty,' which is an assurance that the debt or other obligation will be fulfilled.
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.
COLLATERAL
Property that guarantees payment of a secured debt.
SECURED DEBT
A debt on which a creditor has a lien. The creditor can institute a foreclosure or repossession to take the property identified by the lien, called the collater... (more...)
A debt on which a creditor has a lien. The creditor can institute a foreclosure or repossession to take the property identified by the lien, called the collateral, to satisfy the debt if you default. Compare unsecured debt.
TRADE NAME
The official name of a business, the one it uses on its letterhead and bank account when not dealing with consumers.
SAMPLE LEGAL CASES
Rogers v. Rogers
... of counsel that matters of equitable distribution have been compromised, settled and agreed."
[3] The October 19 decree, endorsed without objection as to equitable distribution provisions,
contains the following concerning the joint credit card debt of the parties: "8. Debt: . . . ...
Sherman v. Sherman
... The US government demanded he repay $24,000 of the government credit card debt
incurred. Husband finally revealed this obligation to wife. ... Husband testified: "I used the
mutual fund to pay [wife] the $24,000 I spent in credit card debt. ...
Gilliam v. McGrady
... from the debt. A credit card debt whose purpose is to finance a family vacation clearly
benefits the family and is a marital debt. The error here was in not determining the
purpose of the original debt to the IRS. The proper analysis ...
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