Moorhead Credit & Debt Lawyer, Iowa
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505 5th St, Sioux City, IA 51101
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705 Douglas, Sioux City, IA 51101
Profile LAWPOINTS™32/100
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LEGAL TERMS
FRATERNAL BENEFIT SOCIETY BENEFITS
These are benefits, often group life insurance, paid for by fraternal societies to their members. Elks, Masons or Knights of Columbus are common fraternal socie... (more...)
These are benefits, often group life insurance, paid for by fraternal societies to their members. Elks, Masons or Knights of Columbus are common fraternal societies that provide benefits. Also called benefit society, benevolent society or mutual aid association benefits. Under bankruptcy laws, these benefits are virtually always considered exempt property.
WORKOUT
A debtor's plan to take care of a debt, by paying it off or through loan forgiveness. Workouts are often created to avoid bankruptcy or foreclosure proceedings.
SECRET WARRANTY PROGRAM
A program under which a car manufacturer will make repairs for free on vehicles with persistent problems, even after the warranty has expired, in order to avoid... (more...)
A program under which a car manufacturer will make repairs for free on vehicles with persistent problems, even after the warranty has expired, in order to avoid a recall and the accompanying bad press. Secret warranties are rarely advertised by the manufacturer, so consumers must pursue the manufacturer to discover and take advantage of them. A few states require manufacturers to notify car buyers when they adopt secret warranty programs.
SUBROGATION
A taking on of the legal rights of someone whose debts or expenses have been paid. For example, subrogation occurs when an insurance company that has paid off i... (more...)
A taking on of the legal rights of someone whose debts or expenses have been paid. For example, subrogation occurs when an insurance company that has paid off its injured claimant takes the legal rights the claimant has against a third party that caused the injury, and sues that third party.
LIABILITY
(1) The state of being liable--that is, legally responsible for an act or omission. Example:Peri hires Paul to fix a broken pipe in her bathroom, but the new pi... (more...)
(1) The state of being liable--that is, legally responsible for an act or omission. Example:Peri hires Paul to fix a broken pipe in her bathroom, but the new pipe bursts the day after Paul installs it, ruining the bathroom floor. This raises the issue of liability: Who is responsible for the damage? Peri claims that Paul is responsible, and sues him for the cost of hiring another plumber to fix the pipe and replacing the floor. Paul, in turn, claims that the pipe manufacturer is responsible, because they supplied him with faulty materials. Both Peri and Paul must prove their claims in court; if Paul and/or the manufacturer is found liable, one or both will have to pay damages to Peri. (2) Something for which a person is liable. For example, a debt is often called a liability.
TRADE NAME
The official name of a business, the one it uses on its letterhead and bank account when not dealing with consumers.
CREDIT BUREAU
A private, profit-making company that collects and sells information about a person's credit history. Typical clients include banks, mortgage lenders and credit... (more...)
A private, profit-making company that collects and sells information about a person's credit history. Typical clients include banks, mortgage lenders and credit card companies that use the information to screen applicants for loans and credit cards. There are three major credit bureaus, Equifax, Experian and Trans Union, and they are regulated by the federal Fair Credit Reporting Act.
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.
ABUSE
Misuse of the Chapter 7 bankruptcy remedy. This term is typically applied to Chapter 7 bankruptcy filings that should have been filed under Chapter 13, because ... (more...)
Misuse of the Chapter 7 bankruptcy remedy. This term is typically applied to Chapter 7 bankruptcy filings that should have been filed under Chapter 13, because the debtor appears to have enough disposable income to fund a Chapter 13 repayment plan.
SAMPLE LEGAL CASES
Anderson v. Nextel Partners, Inc.
... The district court, granted Nextel's motion, holding the agreement signed by Anderson is not
subject to the ICCC because it neither resulted in an extension of credit, nor created a debt
payable in installments. Anderson has appealed. II. Scope of Review. ...
In re Marriage of Hazen
... The parties had the mortgage on their home, debt on their vehicles, and substantial credit
card debt. ... We also modify to require Timothy to be responsible for $8000 of the US Bank
credit card debt and Jeanne to be responsible for $1564 of the debt. ...
JOHN DEERE COMMUNITY CREDIT UNION v. Miller
... This case is a garnishment action, in which John Deere Community Credit Union, now known
as Veridian Credit Union (Veridian) sought to garnish ... but the proceeds of the sale of a homestead;
there is no evidence a homestead descended to Miller; and the debt at issue in the ...
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- Accident & Injury
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- -Bankruptcy
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- -Commercial Bankruptcy
- -Consumer Bankruptcy
- -Dissolution
- -Collection
- Credit & Debt
- -Reorganization
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