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Angela Swenson

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Divorce & Family Law, Estate, Bankruptcy, Family Law, Wills & Probate

At Swenson & Associates, we strive to provide you with the excellent legal representation that you need. We are available to hear your concerns and qu... (more)

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Robert S. Schein

Bankruptcy, Corporate, Construction, Credit & Debt
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David L. Simmons

Construction, Corporate, Government Contract, Bankruptcy
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Flora A Owolabi

Bankruptcy, Immigration, Family Law
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Lawrence C Arany

Alimony & Spousal Support, Consumer Bankruptcy, Farms, Credit & Debt
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David A. Anderson

Bad Faith Insurance, Bankruptcy, Corporate, Child Support
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Steven P Stoesz

Bankruptcy, Estate Planning, Family Law, Real Estate
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Bruce M. Bittner

Business Organization, Wills & Probate, Estate Planning, Bankruptcy
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Jennifer L. Thornburg

Family Law, Child Support, Divorce, Bankruptcy
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Portia Douglas

Bankruptcy
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LEGAL TERMS

UNSECURED DEBT

A debt that is not tied to any item of property. A creditor doesn't have the right to grab property to satisfy the debt if you default. The creditor's only reme... (more...)
A debt that is not tied to any item of property. A creditor doesn't have the right to grab property to satisfy the debt if you default. The creditor's only remedy is to sue you and get a judgment. Compare secured debt.

CCCS

See Consumer Credit Counseling Service.

UNDUE HARDSHIP

The circumstances in which a debtor may discharge a student loan in bankruptcy. For example, a debtor who has no income and little chance of earning enough in t... (more...)
The circumstances in which a debtor may discharge a student loan in bankruptcy. For example, a debtor who has no income and little chance of earning enough in the future to pay off the loan may be able to show that repayment would be an undue hardship.

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.

FAIR CREDIT REPORTING ACT (FCRA)

A federal law that is designed to prevent inaccurate or obsolete information from entering or remaining in a credit report. The law requires credit bureaus to a... (more...)
A federal law that is designed to prevent inaccurate or obsolete information from entering or remaining in a credit report. The law requires credit bureaus to adopt reasonable procedures for gathering, maintaining and disseminating information and bars credit bureaus from reporting negative information that is older than seven years, except a bankruptcy, which may be reported for ten. If you notify a credit bureau of an error in your credit report, the FCRA requires the bureau to investigate your allegations within 30 days, review all information you provide, remove inaccurate and unverified information and adopt procedures to keep the information from reappearing. In addition, the law requires that creditors refrain from reporting incorrect information to credit bureaus.

GRACE PERIOD

A period of time during which you are not required to make payments on a debt. For example, most credit cards give you a grace period of 20-30 days before you h... (more...)
A period of time during which you are not required to make payments on a debt. For example, most credit cards give you a grace period of 20-30 days before you have to pay interest on the amount of your purchases. Cash advances, however, usually have no grace period; interest begins to accumulate from the date of the withdrawal, even if you pay your bills on time. Also, some student loans give you a grace period after graduating or dropping out of school. During this time, you are not required to make payments on your loan.

CREDIT INSURANCE

Insurance a lender requires a borrower to purchase to cover the loan. If the borrower dies or becomes disabled before paying off the loan, the policy will pay o... (more...)
Insurance a lender requires a borrower to purchase to cover the loan. If the borrower dies or becomes disabled before paying off the loan, the policy will pay off the remaining balance. Federal and state consumer protection laws require the lender to disclose to existing and potential borrowers the terms and costs of obtaining credit insurance because it can affect the terms of the loan.

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.

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.

SAMPLE LEGAL CASES

Green Tree Servicing, LLC v. Brough

... at p. 9. Subsequently, Brough defaulted on the Contract. In 2003, Brough filed a Chapter 13 bankruptcy petition in the United States Bankruptcy Court for the Southern District of Indiana. ... Brough's debt to Green Tree was addressed in the bankruptcy proceedings. ...

McClure v. Cooper

... III. Whether Cooper lacked standing to file this claim. Facts and Procedural History. Cooper hired McClure to perform certain legal services and paid him a retainer, including funds for a bankruptcy court filing fee. ... Small Claims Rule 12(A). Cooper hired McClure to file bankruptcy. ...

Morgan County Hosp. v. Upham

... In her interrogatory answers, provided to Appellants on November 4, 1998, Upham stated that she had never filed for bankruptcy. ... Under schedule B of the bankruptcy petition, Upham was asked to disclose all "[c]ontingent and [n]on-contingent interests in estate of decedent. . . ...