Biscoe Credit & Debt Lawyer, Arkansas


J. Baxter SharpIII

Real Estate, Adoption, Collection, Family Law
Status:  In Good Standing           

John Flynn

Bankruptcy & Debt, Mass Torts, Estate, Bankruptcy
Status:  In Good Standing           

Clay Eliot Simpson

Traffic, Banking & Finance, Bankruptcy, Personal Injury
Status:  In Good Standing           

James A. Simpson

Natural Resources, Banking & Finance, Credit & Debt, Products Liability, Mass Torts
Status:  In Good Standing           

D. Johnson Ogles

Social Security, Government, Criminal, Consumer Bankruptcy
Status:  In Good Standing           Licensed:  28 Years

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

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LEGAL TERMS

CREDITOR

A person or entity (such as a bank) to whom a debt is owed.

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.

C CORPORATION

Common business slang to distinguish a corporation whose profits are taxed separate from its owners under subchapter C of the Internal Revenue Code, from an S c... (more...)
Common business slang to distinguish a corporation whose profits are taxed separate from its owners under subchapter C of the Internal Revenue Code, from an S corporation, whose profits are passed through to shareholders and taxed on their personal returns under subchapter S of the Internal Revenue Code.

SOLE PROPRIETORSHIP

A business owned and managed by one person (or for tax purposes, a husband and wife). For IRS purposes, a sole proprietor and her business are one tax entity, m... (more...)
A business owned and managed by one person (or for tax purposes, a husband and wife). For IRS purposes, a sole proprietor and her business are one tax entity, meaning that business profits are reported and taxed on the owner's personal tax return. Setting up a sole proprietorship is cheap and easy since no legal formation documents need be filed with any governmental agency (although tax registration and other permit and license requirements may still apply). Once you file a fictitious name statement (assuming you don't use your own name) and obtain any required basic tax permits and business licenses, you'll be in business. The main downside of a sole proprietorship is that its owner is personally liable for all business debts.

LIEN

The right of a secured creditor to grab a specific item of property if you don't pay a debt. Liens you agree to are called security interests, and include mortg... (more...)
The right of a secured creditor to grab a specific item of property if you don't pay a debt. Liens you agree to are called security interests, and include mortgages, home equity loans, car loans and personal loans for which you pledge property to guarantee repayment. Liens created without your consent are called nonconsensual liens, and include judgment liens (liens filed by a creditor who has sued you and obtained a judgment), tax liens and mechanics liens (liens filed by a contractor who worked on your house but wasn't paid).

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.

CCCS

See Consumer Credit Counseling Service.

LIMITED PARTNERSHIP

A business structure that allows one or more partners (called limited partners) to enjoy limited personal liability for partnership debts while another partner ... (more...)
A business structure that allows one or more partners (called limited partners) to enjoy limited personal liability for partnership debts while another partner or partners (called general partners) have unlimited personal liability. The key difference between a general and limited partner concerns management decision making--general partners run the business, and limited partners, who are usually passive investors, are not allowed to make day-to-day business decisions. If they do, they risk being treated as general partners with unlimited personal liability.

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.

SAMPLE LEGAL CASES

Broggi-Dunn v. Dunn

... Mr. Dunn testified that the mortgage debt for the marital home was approximately $104,000, and the line-of-credit debt associated with the home was approximately $9,800. Mr. Dunn believed, however, that the property was worth less than $100,000. ...

Hawkins v. Hawkins

... Appellant, Kendrick D. Hawkins, argues on direct appeal that the circuit court erred in awarding appellee a portion of his military retirement benefits and that the court erred in dividing the credit-card debt between the parties. ...

McClure v. Schollmier-McClure

... On cross-appeal, Tracy contends that the trial court erred in finding that the parties' home was marital property and in requiring her to pay a portion of John's credit card debt. ... Finally, John testified that he had credit card debt of $53,000. ...