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Eric Stephen Southward Lawyer

Eric Stephen Southward

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Bankruptcy & Debt, Credit & Debt, Collection

I am a member of the State Bar of Indiana and admitted to practice in the Southern District of Texas, Northern District of Illinois, and the Northern ... (more)

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Nhan Huynh Nguyen Lawyer

Nhan Huynh Nguyen

Accident & Injury, Elder Law, Banking & Finance, Credit & Debt

Nhan Nguyen, MD, JD, MSF has been serving injured clients for over 13 years. With extensive knowledge of both law, medicine and business finance, lead... (more)

Vicky M. Fealy Lawyer

Vicky M. Fealy

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Bankruptcy & Debt, Bankruptcy, Credit & Debt, Consumer Bankruptcy, Reorganization

Houston bankruptcy attorney Vicky Fealy, is board certified in Consumer Bankruptcy Law by the Texas Board of Legal Specialization. She has for more th... (more)

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Morley Chenail Diment Lawyer

Morley Chenail Diment

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Bankruptcy & Debt, Credit & Debt, Tax

Specializing in navigating the complex legal issues present in consumer and corporate asset & debt cases. Our firm assists clients both statewide and ... (more)

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Christopher P. Craven

Real Estate, Litigation, Corporate, Credit & Debt
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Jameson Joseph Watts

Litigation, Elder Law, Credit & Debt, Bankruptcy
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J. B. Dozier

Banking & Finance, Credit & Debt, Personal Injury, Elder Law
Status:  In Good Standing           Licensed:  51 Years

Richard L. Mcgonigle

Family Law, Divorce & Family Law, Criminal, Credit & Debt
Status:  In Good Standing           Licensed:  49 Years

Michael L. Dahlenburg

Aviation, Family Law, Credit & Debt, Personal Injury
Status:  In Good Standing           Licensed:  34 Years

Mark Steven Byrne

Litigation, Business & Trade, Credit & Debt, Personal Injury
Status:  In Good Standing           Licensed:  42 Years

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LEGAL TERMS

CREDITOR

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

DEBT COLLECTOR

A person who works in the in-house collections department of an original creditor or a collection agency to track down debtors and get them to pay what they owe... (more...)
A person who works in the in-house collections department of an original creditor or a collection agency to track down debtors and get them to pay what they owe. Debt collectors can be relentless, often using scare tactics, humiliation and repeated phone calls to extract payments or promises to pay.

NONDISCHARGEABLE DEBTS

Debts that cannot be erased by filing for bankruptcy. If you file for Chapter 7 bankruptcy, these debts will remain when your case is over. If you file for Chap... (more...)
Debts that cannot be erased by filing for bankruptcy. If you file for Chapter 7 bankruptcy, these debts will remain when your case is over. If you file for Chapter 13 bankruptcy, the nondischargeable debts will have to be paid in full during your plan or you will have a balance at the end of your case. Examples of nondischargeable debts include alimony and child support, most income tax debts, many student loans and debts for personal injury or death caused by drunk driving. Compare dischargeable debts.

LIABILITY

(1) The state of being liable--that is, legally responsible for an act or omission. Example:Peri hires Paul to fix a broken pipe in her bathroom, but the new pi... (more...)
(1) The state of being liable--that is, legally responsible for an act or omission. Example:Peri hires Paul to fix a broken pipe in her bathroom, but the new pipe bursts the day after Paul installs it, ruining the bathroom floor. This raises the issue of liability: Who is responsible for the damage? Peri claims that Paul is responsible, and sues him for the cost of hiring another plumber to fix the pipe and replacing the floor. Paul, in turn, claims that the pipe manufacturer is responsible, because they supplied him with faulty materials. Both Peri and Paul must prove their claims in court; if Paul and/or the manufacturer is found liable, one or both will have to pay damages to Peri. (2) Something for which a person is liable. For example, a debt is often called a liability.

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.

401(K) PLAN

A deferred compensation savings program in which employees invest part of their wages, sometimes along with employer contributions, to save on taxes. No income ... (more...)
A deferred compensation savings program in which employees invest part of their wages, sometimes along with employer contributions, to save on taxes. No income taxes on the amount invested and any earnings are due until the employee withdraws money from the fund.

CREDIT COUNSELING

Counseling that explores the possibility of repaying debts outside of bankruptcy and educates the debtor about credit, budgeting, and financial management. Unde... (more...)
Counseling that explores the possibility of repaying debts outside of bankruptcy and educates the debtor about credit, budgeting, and financial management. Under the new bankruptcy law, a debtor must undergo credit counseling with an approved provider before filing for bankruptcy.

BANKRUPTCY

A legal proceeding that relieves you of the responsibility of paying your debts or provides you with protection while attempting to repay your debts. There are ... (more...)
A legal proceeding that relieves you of the responsibility of paying your debts or provides you with protection while attempting to repay your debts. There are two types of bankruptcies -- liquidation, in which your debts are wiped out (discharged) and reorganization, in which you provide the court with a plan for how you intend to repay your debts. For both consumers and business, liquidation bankruptcy is called Chapter 7. For consumers, reorganization bankruptcy is called Chapter 13. Reorganization bankruptcy for consumers with an extraordinary amount of debt and for businesses is called Chapter 11. Reorganization bankruptcy for family farmers is called Chapter 12.

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.

SAMPLE LEGAL CASES

Eaves v. Unifund CCR Partners

... Tommy L. Eaves appeals the jury's verdict against him in Unifund CCR Partners ("Unifund Partners") suit to collect unpaid credit-card debt. We affirm. BACKGROUND. Citibank issued an AT & T credit card to Eaves, and Eaves made purchases with the card. ...

Dulong v. Citibank (South Dakota), NA

... 892 OPINION. Opinion by Justice RICHTER. This case involves a traditional summary judgment in a credit card debt collection matter. Citibank (South Dakota), NA ("Citibank") sued Donna Dulong to recover the balance owed on a credit card (the "Credit Card"). ...

Martinez v. Midland Credit Management, Inc.

... denied), argued that Midland was not entitled to proceed on a sworn account theory to recover a credit card debt. At the hearing on Martinez's Motion for New Trial, Midland argued that its claim was one for breach of contract. ...