Grand Forks County, ND Bankruptcy Lawyers
Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution
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Kenneth B. Bulie
Real Estate, Estate, Divorce, Bankruptcy, Foreclosure
Status: In Good Standing Licensed: 22 Years
217 S. Fourth St., Grand Forks, ND 58201
Profile LAWPOINTS™34/100
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Thomas K. Omdahl
Bankruptcy, Criminal, Medical Malpractice
Status: In Good Standing Licensed: 32 Years
424 Demers Ave, Grand Forks, ND 58201
Profile LAWPOINTS™32/100
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LEGAL TERMS
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).
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.
LIMITED LIABILITY
The maximum amount a business owner can lose if the business is subject to debts, claims or other liabilities. An owner of a limited liability company (LLC) or ... (more...)
The maximum amount a business owner can lose if the business is subject to debts, claims or other liabilities. An owner of a limited liability company (LLC) or a person who invests in a corporation (a shareholder) generally stands to lose only the amount of money invested in the business. This means that if the business folds, creditors cannot seize or sell an owner's home, car, or other personal assets.
INFRINGEMENT (OF TRADEMARK)
Unauthorized use of a protected trademark or service mark, or use of something very similar to a protected mark. The success of a lawsuit to stop the infringeme... (more...)
Unauthorized use of a protected trademark or service mark, or use of something very similar to a protected mark. The success of a lawsuit to stop the infringement turns on whether the defendant's use causes a likelihood of confusion in the average consumer. If a court determines that the average consumer would be confused, the owner of the original mark can prevent the other's use of the infringing mark and sometimes collect damages.
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.
MEETING OF CREDITORS
A meeting held with the bankruptcy trustee about a month after you file for bankruptcy. You must attend. The trustee reviews your bankruptcy papers and asks a f... (more...)
A meeting held with the bankruptcy trustee about a month after you file for bankruptcy. You must attend. The trustee reviews your bankruptcy papers and asks a few questions. In a Chapter 7, the meeting of creditors lasts a few minutes and rarely do any creditors show up. In a Chapter 13 bankruptcy, one or two creditors may attend, especially if they disagree with some provision of your repayment plan.
CURRENT MONTHLY INCOME
As defined by the new bankruptcy law, a bankruptcy filer's total gross income (whether taxable or not), averaged over the six-month period immediately preceding... (more...)
As defined by the new bankruptcy law, a bankruptcy filer's total gross income (whether taxable or not), averaged over the six-month period immediately preceding the bankruptcy filing. The debtor's current monthly income is used to determine whether the debtor can file for Chapter 7 bankruptcy, among other things.
LIQUIDATING PARTNER
The member of an insolvent or dissolving partnership responsible for paying the debts and settling the accounts of the partnership.
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.
SAMPLE LEGAL CASES
Van Sickle v. Hallmark & Assoc., Inc.
... We affirm the court's dismissal of the conversion, tortious interference, and post-bankruptcy
royalties claims, but reverse the court's decision on the pre-confirmation royalties claim,
and remand for further proceedings consistent with this opinion. I. ...
Gustafson v. Poitra
... We conclude Poitra waived his statute of limitations defense, Poitra failed to raise a material fact
that his prior bankruptcy proceedings released the mortgage on Poitra's real property, and Poitra
received due process when the district court granted Gustafson summary judgment. ...
Missouri Breaks, LLC v. Burns
... [¶ 3] Later in 2002, Athens/Alpha filed for Chapter 11 bankruptcy because of its inability to pay
its debts. According to Woodside, the bankruptcy filings listed Cawley as a "secured creditor"
owed $26,000 and as an owner of a 5% working interest in the well. ...
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