Aimwell Credit & Debt Lawyer, Louisiana

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Thomas C. McBride

Bankruptcy, Bankruptcy & Debt
Status:  In Good Standing           

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E. Trent Mccarthy

Litigation, Civil Rights, Corporate, Credit & Debt
Status:  In Good Standing           

Thomas Rockwell Willson

Criminal, Elder Law, Credit & Debt, Personal Injury
Status:  In Good Standing           Licensed:  46 Years

Bradley Loy Drell

Bankruptcy & Debt, Business, Litigation
Status:  In Good Standing           

B. Gene Taylor

Corporate, Litigation, Bankruptcy, Insurance
Status:  In Good Standing           

William Gregory Beard

Personal Injury, Credit & Debt, Workers' Compensation, Family Law
Status:  In Good Standing           Licensed:  33 Years

Eli Jules Meaux

Litigation, Commercial Bankruptcy, Commercial Real Estate
Status:  In Good Standing           Licensed:  13 Years

Evelyn Irene Breithaupt

Clean Air Practice, Employee Rights, Credit & Debt, Personal Injury
Status:  In Good Standing           Licensed:  14 Years

Gary B. Tillman

Wills, Business & Trade, Bankruptcy, Personal Injury
Status:  In Good Standing           Licensed:  36 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

PRESUMED ABUSE

In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means te... (more...)
In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means test, the court will presume that the debtor has sufficient income to fund a Chapter 13 plan. In this situation, the debtor will not be allowed to proceed with a Chapter 7 bankruptcy unless the debtor can prove that he or she is not abusing the Chapter 7 bankruptcy remedy.

NONPROFIT CORPORATION

A legal structure authorized by state law allowing people to come together to either benefit members of an organization (a club, or mutual benefit society) or f... (more...)
A legal structure authorized by state law allowing people to come together to either benefit members of an organization (a club, or mutual benefit society) or for some public purpose (such as a hospital, environmental organization or literary society). Nonprofit corporations, despite the name, can make a profit, but the business cannot be designed primarily for profit-making purposes, and the profits must be used for the benefit of the organization or purpose the corporation was created to help. When a nonprofit corporation dissolves, any remaining assets must be distributed to another nonprofit, not to board members. As with for-profit corporations, directors of nonprofit corporations are normally shielded from personal liability for the organization's debts. Some nonprofit corporations qualify for a federal tax exemption under _ 501(c)(3) of the Internal Revenue Code, with the result that contributions to the nonprofit are tax deductible by their donors.

COLLATERAL

Property that guarantees payment of a secured debt.

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.

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 LABOR STANDARDS ACT (FLSA)

A federal law that guarantees a worker's right to be paid fairly. The FLSA defines the 40-hour workweek, sets out the federal minimum wage, states requirements ... (more...)
A federal law that guarantees a worker's right to be paid fairly. The FLSA defines the 40-hour workweek, sets out the federal minimum wage, states requirements for overtime and places restrictions on child labor.

REAFFIRMATION

An agreement that a debtor and a creditor enter into after a debtor has filed for bankruptcy, in which the debtor agrees to repay all or part of an existing deb... (more...)
An agreement that a debtor and a creditor enter into after a debtor has filed for bankruptcy, in which the debtor agrees to repay all or part of an existing debt after the bankruptcy case is over. For instance, a debtor might make a reaffirmation agreement with the holder of a car note that the debtor can keep the car and must continue to pay the debt after bankruptcy.

NONEXEMPT PROPERTY

The property you risk losing to your creditors when you file a Chapter 7 bankruptcy or when a creditor sues you and wins a judgment. Nonexempt property typicall... (more...)
The property you risk losing to your creditors when you file a Chapter 7 bankruptcy or when a creditor sues you and wins a judgment. Nonexempt property typically includes valuable clothing (furs) and electronic equipment, an expensive car that's been paid off and most of the equity in your house. Compare 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.

SAMPLE LEGAL CASES

Hill v. Hill

... Through negotiations, the first mortgage was paid off and cancelled and the holder of the line of credit debt agreed to release its security interest on the property and forgive any deficiency balance in return for a payment of $17,560.00. ...

Franklin Credit Management Corporation v. Gray

2 So.3d 598 (2009). FRANKLIN CREDIT MANAGEMENT CORPORATION v. Percy GRAY, Jr. No. ... 599 Patrick D. Breeden, New Orleans, LA, for Appellant, Percy Gray, Jr. Charles H. Heck, Jr., Dean Morris, LLP, Monroe, LA, for Appellee, Franklin Credit Management Corporation. ...

Knox v. West Baton Rouge Credit, Inc.

... A judgment sustaining WBR Credit's exception of prescription and dismissing plaintiff's declaratory action with prejudice was signed on January 30, 2008. ... the executory proceeding is pending, either in the executory proceeding or in a separate suit, "when the debt secured by ...