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Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution

Jerry E. Smith Lawyer

Jerry E. Smith

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Bankruptcy & Debt, Bankruptcy, Foreclosure, Reorganization, Credit & Debt

JERRY E. SMITH, ATTORNEY CPA, PC is a bankruptcy and business reorganization law firm that assists consumer borrowers and business debtors.

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Jon B. Abels

Bankruptcy, Corporate
Status:  In Good Standing           

David H. Kleiman

Litigation, Corporate, Banking & Finance, Bankruptcy
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James P. Moloy

Litigation, Corporate, Bankruptcy, Bankruptcy & Debt
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Sonja A Kriegsmann

Bankruptcy, Commercial Banks, Contract, Employment
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Martha R. Lehman

Bankruptcy, Bankruptcy Litigation, Collection, Commercial Bankruptcy
Status:  In Good Standing           

Mark R. Wenzel

Bankruptcy, Business Organization, Collection, Commercial Bankruptcy
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C. Daniel Motsinger

Corporate, Collection, Commercial Bankruptcy, Bankruptcy
Status:  In Good Standing           

Fred L. Cline

Bankruptcy, Corporate, Litigation, Reorganization
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Sara Rochelle Bradbury

Bankruptcy, Bankruptcy Litigation, Corporate, Commercial Bankruptcy
Status:  In Good Standing           

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LEGAL TERMS

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.

CREDIT BUREAU

A private, profit-making company that collects and sells information about a person's credit history. Typical clients include banks, mortgage lenders and credit... (more...)
A private, profit-making company that collects and sells information about a person's credit history. Typical clients include banks, mortgage lenders and credit card companies that use the information to screen applicants for loans and credit cards. There are three major credit bureaus, Equifax, Experian and Trans Union, and they are regulated by the federal Fair Credit Reporting Act.

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.

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.

CREDIT REPORT

An account of your credit history, prepared by a credit bureau. A credit report will contain both credit history, such as what you owe to whom and whether you m... (more...)
An account of your credit history, prepared by a credit bureau. A credit report will contain both credit history, such as what you owe to whom and whether you make the payments on time, as well as personal history, such as your former addresses, employment record and lawsuits in which you have been involved. An estimated 50% of all credit reports contain errors, such as accounts that don't belong to you, an incorrect account status or information reported that is older than seven years (ten years in the case of a bankruptcy).

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.

PRESUMED ABUSE

In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means te... (more...)
In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means test, the court will presume that the debtor has sufficient income to fund a Chapter 13 plan. In this situation, the debtor will not be allowed to proceed with a Chapter 7 bankruptcy unless the debtor can prove that he or she is not abusing the Chapter 7 bankruptcy remedy.

COLLATERAL

Property that guarantees payment of a secured debt.

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.

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. . . ...

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