West Chop Bankruptcy Lawyer, Massachusetts
Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution
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Peter M Daigle
Bankruptcy Litigation, Bankruptcy & Debt, Credit & Debt, Collection
Status: In Good Standing Licensed: 26 Years
1550 Falmouth Rd Ste 6, Centerville, MA 02632
Profile LAWPOINTS™34/100
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Amy S. Mello
Litigation, Guardianships & Conservatorships, Commercial Bankruptcy
Status: In Good Standing
388 County Street, New Bedford, MA 02740
Profile LAWPOINTS™32/100
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LEGAL TERMS
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.
BULK SALES LAW
A law that regulates the transfer of business assets so that business owners cannot dispose of assets in order to avoid creditors. If a business owner wants to ... (more...)
A law that regulates the transfer of business assets so that business owners cannot dispose of assets in order to avoid creditors. If a business owner wants to conduct a bulk sale of business assets -- that is, get rid of an unusually large amount of inventory, merchandise or equipment -- the business owner must typically publish a notice of the sale and give written notice to creditors. Then, the owner must set up an account to hold the funds from the sale for a brief period of time during which creditors may make claims against the money. The prohibition against bulk sales is spelled out in the Uniform Commercial Code -- and laws modeled on the UCC have been generally adopted throughout the country.
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.
FDCPA
See Fair Debt Collections & Practices Act.
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.
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.
SETOFF
A claim made by someone who allegedly owes money, that the amount should be reduced because the other person owes him money. This is often raised in a countercl... (more...)
A claim made by someone who allegedly owes money, that the amount should be reduced because the other person owes him money. This is often raised in a counterclaim filed by a defendant in a lawsuit. Banks may try to exercise a setoff by taking money out of a deposit account to satisfy past due payments on a loan or credit card bill. Such an act is illegal under most circumstances.
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.
NONDISCHARGEABLE DEBTS
Debts that cannot be erased by filing for bankruptcy. If you file for Chapter 7 bankruptcy, these debts will remain when your case is over. If you file for Chap... (more...)
Debts that cannot be erased by filing for bankruptcy. If you file for Chapter 7 bankruptcy, these debts will remain when your case is over. If you file for Chapter 13 bankruptcy, the nondischargeable debts will have to be paid in full during your plan or you will have a balance at the end of your case. Examples of nondischargeable debts include alimony and child support, most income tax debts, many student loans and debts for personal injury or death caused by drunk driving. Compare dischargeable debts.
SAMPLE LEGAL CASES
Hundley v. Marsh
... COWIN, J. This case arises from the bankruptcy proceeding of Kirk Hundley (husband). ... Only
the husband generated income in the relevant tax year. The trustee of the husband's bankruptcy
estate, Janice Marsh (trustee), claimed the entire refund for the estate. ...
Milliken & Company v. Duro Textiles, LLC
... liquidation. Old Duro retained bankruptcy counsel, and Patriarch offered to provide
debtor-in-possession financing and exit financing on emergence in the event that
Old Duro wanted to put together a bankruptcy plan. Around ...
One to One Interactive, LLC v. Landrith
... In 2004, the judge, on Landrith's summary judgment motion, ruled that the proposed term
sheet constituted a binding contract. In response, OTO filed a voluntary petition for
bankruptcy under Chapter 11 of the Bankruptcy Code in March, 2005. ...
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