Troutman Credit & Debt Lawyer, North Carolina
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Mooresville, NC 28115
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Frances H. Griffin
Credit & Debt, Collection, Consumer Bankruptcy, Bankruptcy, Foreclosure
Status: In Good Standing Licensed: 32 Years
249 E. Broad St., Statesville, NC 28677
Profile LAWPOINTS™22/100
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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.
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.
FAIR CREDIT BILLING ACT (FCBA)
A federal law that gives you rights when an error occurs on your credit card statement. You must notify the credit card company of the mistake within 60 days af... (more...)
A federal law that gives you rights when an error occurs on your credit card statement. You must notify the credit card company of the mistake within 60 days after it mailed the bill to you. The company must then correct the mistake, or at least acknowledge receipt of your letter within 30 days, and must correct the error within 90 days or explain why it believes the credit card statement is correct.
AUTOMATIC STAY
An injunction automatically issued by the bankruptcy court when a debtor files for bankruptcy. The automatic stay prohibits most creditor collection activities,... (more...)
An injunction automatically issued by the bankruptcy court when a debtor files for bankruptcy. The automatic stay prohibits most creditor collection activities, such as filing or continuing lawsuits, making written requests for payment, or notifying credit reporting bureaus of an unpaid debt.
LIQUIDATING PARTNER
The member of an insolvent or dissolving partnership responsible for paying the debts and settling the accounts of the partnership.
CREDITOR
A person or entity (such as a bank) to whom a debt is owed.
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.
MEANS TEST
A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income ... (more...)
A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income for his or her state should be allowed to file for Chapter 7 bankruptcy.
INFRINGEMENT (OF TRADEMARK)
Unauthorized use of a protected trademark or service mark, or use of something very similar to a protected mark. The success of a lawsuit to stop the infringeme... (more...)
Unauthorized use of a protected trademark or service mark, or use of something very similar to a protected mark. The success of a lawsuit to stop the infringement turns on whether the defendant's use causes a likelihood of confusion in the average consumer. If a court determines that the average consumer would be confused, the owner of the original mark can prevent the other's use of the infringing mark and sometimes collect damages.
SAMPLE LEGAL CASES
Stovall v. Stovall
... III. Credit for Debt. ... Both plaintiff and defendant assign error to the trial court's findings
and conclusions which gave defendant a "credit" for debt payments of $160,000.00
toward the New Madison debts after the date of separation. ...
Commercial Credit Group, Inc. v. Barber
... Acting on behalf of Creditor, Commercial Credit Group's Senior Vice President, Mr. Mattocks,
offered an opening bid of $100,000. ... After the auction, Creditor deducted the $100,000 net sale
proceeds from Debtor's outstanding debt and found that Debtor's total outstanding ...
Citibank (South Dakota), NA v. Bowen
... WS Bowen, defendant-appellant, pro se. HUNTER, Judge. Citibank, South Dakota, NA ("plaintiff")
filed an action in the District Court of Harnett County on 13 March 2007 to recover an outstanding
credit card debt from WS Bowen ("defendant") in the amount of $18,716.17. ...
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