Cowan Credit & Debt Lawyer, Tennessee

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Barbara Sims Arthur Lawyer

Barbara Sims Arthur

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Bankruptcy & Debt, Credit & Debt, Collection

Barbara Sims Arthur, a native of Chattanooga, Tennessee, has practiced law in Chattanooga and Rossville since 1977. Barbara Sims Arthur is licensed in... (more)

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CONTACT

423-697-9016

Michael D. Payne

Dispute Resolution, Wills & Probate, Trusts, Credit & Debt
Status:  Retired           Licensed:  43 Years

Shearon S. Weems Hales

Litigation, Credit & Debt, Wills & Probate, Commercial Real Estate
Status:  In Good Standing           Licensed:  41 Years

Shearon Hales

Litigation, Credit & Debt, Wills & Probate, Commercial Real Estate
Status:  In Good Standing           Licensed:  41 Years

Jim Lane

Bankruptcy, Credit & Debt, Electronic Commerce
Status:  In Good Standing           Licensed:  40 Years

Thomas H Copeland

Real Estate, Government, Business, Credit & Debt
Status:  In Good Standing           Licensed:  49 Years

James Davidson Lane

General Practice
Status:  In Good Standing           

Carlee Layne Smith

Estate Planning, Credit & Debt, Family Law, Juvenile Law
Status:  In Good Standing           

Richard Boehms

Criminal, Credit & Debt, Family Law, Federal Appellate Practice
Status:  In Good Standing           Licensed:  15 Years

Shawn Carter Trail

Estate Planning, Credit & Debt, Litigation, Commercial Real Estate
Status:  In Good Standing           Licensed:  17 Years

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

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LEGAL TERMS

COLLECTION AGENCY

A company hired by a creditor to collect a debt that it is owed. Creditors typically hire a collection agency only after they have made efforts to collect the d... (more...)
A company hired by a creditor to collect a debt that it is owed. Creditors typically hire a collection agency only after they have made efforts to collect the debt themselves, typically through letters (called 'dunning' letters) and telephone calls. Collection agencies are regulated by the federal Fair Debt Collection Practices Act. Unfortunately, too many collectors ignore this law.

FAIR DEBT COLLECTIONS & PRACTICES ACT (FDCPA)

A federal law that outlaws unfair debt collection practices, including lying, harassing, misleading and otherwise abusing debtors, by debt collectors working fo... (more...)
A federal law that outlaws unfair debt collection practices, including lying, harassing, misleading and otherwise abusing debtors, by debt collectors working for collection agencies. The law does not apply to creditors collecting their own debts. This law has greatly improved conditions for debtors, although more than a few debt collectors ignore the law. If a collection agency violates the law, debtors can contact the Federal Trade Commission for help.

FRATERNAL BENEFIT SOCIETY BENEFITS

These are benefits, often group life insurance, paid for by fraternal societies to their members. Elks, Masons or Knights of Columbus are common fraternal socie... (more...)
These are benefits, often group life insurance, paid for by fraternal societies to their members. Elks, Masons or Knights of Columbus are common fraternal societies that provide benefits. Also called benefit society, benevolent society or mutual aid association benefits. Under bankruptcy laws, these benefits are virtually always considered exempt property.

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.

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.

DISPOSABLE INCOME

The difference between a debtor's current monthly income and allowable expenses. This is the amount that the new bankruptcy law deems available to pay into a Ch... (more...)
The difference between a debtor's current monthly income and allowable expenses. This is the amount that the new bankruptcy law deems available to pay into a Chapter 13 plan.

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.

ADMINISTRATIVE EXPENSES

The trustee's fee, the debtor's attorney fees, and other costs of bringing a bankruptcy case that a debtor must pay in full in a Chapter 13 repayment plan. Admi... (more...)
The trustee's fee, the debtor's attorney fees, and other costs of bringing a bankruptcy case that a debtor must pay in full in a Chapter 13 repayment plan. Administrative costs are typically 10% of the debtor's total payments under the plan.

ACCORD AND SATISFACTION

An agreement to settle a contract dispute by accepting less than what's due. This procedure is often used by creditors who want to cut their losses by collectin... (more...)
An agreement to settle a contract dispute by accepting less than what's due. This procedure is often used by creditors who want to cut their losses by collecting as much money as they can from debtors who cannot pay the full amount.

SAMPLE LEGAL CASES

WASHINGTON MUTUAL BANK, FA v. ORNL FEDERAL CREDIT UNION

... The homeowners subsequently refinanced their home with a bank. The bank paid off the homeowners' debt to the credit union, and recorded its own deed of trust securing its loan. At that same time, the loan and deed of trust was assigned to a second bank. ...

PHOENIX CREDIT v. Akers

... Appellant obtained a credit card from Appellee's predecessor in interest, and defaulted on payment of the debt. ... Ms. Akers made payments on the credit card debt, including a payment of $136.00 on February 17, 2005, and a payment of $131.00 on March 18, 2005. ...

Ford Motor Credit Company v. Luna

... Luna asserted that the Marshall County courts lacked jurisdiction over Ford Credit's action because he had previously filed a lawsuit in federal court for violation of the Fair Debt Collection Practices Act, and because Ford Credit's action was filed in retaliation for his federal ...