Nashville Bankruptcy & Debt Lawyer, Tennessee

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Mary Beth Ausbrooks Lawyer

Mary Beth Ausbrooks

VERIFIED
Bankruptcy & Debt, Consumer Bankruptcy
Board Certified Specialist in Consumer Bankruptcy

For more than three decades, the bankruptcy attorneys at Rothschild & Ausbrooks, PLLC, in Nashville, Tennessee, have been devoted to helping individua... (more)

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800-966-8531

RANDALL K. WINTON Lawyer

RANDALL K. WINTON

VERIFIED
Accident & Injury, Business Organization, Bankruptcy & Debt, Tax, Estate

Randall Winton of Winton Law provides legal services throughout Nashville, Davidson County, Williamson County and Middle Tennessee for a variety of cl... (more)

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800-730-5851

Phyllis Marlene Boshears Lawyer

Phyllis Marlene Boshears

VERIFIED
Accident & Injury, Bankruptcy, Criminal, Divorce & Family Law, Estate

P. Marlene Boshears is an attorney with Boshears Law. Marlene graduated from Nashville School of Law and practices primarily in Family, Juvenile, and... (more)

Ben M. Rose

Business Organization, Collection, Consumer Protection, Contract
Status:  In Good Standing           
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Robert L Scruggs

Foreclosure, Corporate, Business Organization, Bankruptcy
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David Cannon

Bankruptcy, Bankruptcy & Debt
Status:  In Good Standing           

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Siew-Ling Shea

Alimony & Spousal Support, Child Support, Collection, Farms
Status:  In Good Standing           

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Michael B. Schwegler

Personal Injury, Litigation, Criminal, Bankruptcy & Debt
Status:  In Good Standing           

Divyesh R. Gopal

Corporate, Patent, Contract, Bankruptcy
Status:  In Good Standing           

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Berry A. Foster

Landlord-Tenant, Family Law, Juvenile Law, Collection
Status:  In Good Standing           

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LEGAL TERMS

DISCHARGE (OF DEBTS)

A bankruptcy court's erasure of the debts of a person or business that has filed for 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.

FORBEARANCE

Voluntarily refraining from doing something, such as asserting a legal right. For example, a creditor may forbear on its right to collect a debt by temporarily ... (more...)
Voluntarily refraining from doing something, such as asserting a legal right. For example, a creditor may forbear on its right to collect a debt by temporarily postponing or reducing the borrower's payments.

CHAPTER 13 BANKRUPTCY

The reorganization bankruptcy for consumers, in which you partially or fully repay your debts. In Chapter 13 bankruptcy, you keep your property and use your inc... (more...)
The reorganization bankruptcy for consumers, in which you partially or fully repay your debts. In Chapter 13 bankruptcy, you keep your property and use your income to pay all or a portion of the debts over three to five years. The minimum amount you must pay is roughly equal to the value of your nonexempt property. In addition, you must pledge your disposable net income -- after subtracting reasonable expenses -- for the period during which you are making payments. At the end of the three-to five-year period, the balance of what you owe on most debts is erased.

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.

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.

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.

FRAUDULENT TRANSFER

In a bankruptcy case, a transfer of property to another for less than the property's value for the purpose of hiding the property from the bankruptcy trustee --... (more...)
In a bankruptcy case, a transfer of property to another for less than the property's value for the purpose of hiding the property from the bankruptcy trustee -- for instance, when a debtor signs a car over to a relative to keep it out of the bankruptcy estate. Fraudulently transferred property can be recovered and sold by the trustee for the benefit of the creditors.

PROCEEDS FOR DAMAGED EXEMPT PROPERTY

In a bankruptcy proceeding, money collected through insurance, arbitration, mediation, settlement or a lawsuit to pay for exempt property that's no longer exemp... (more...)
In a bankruptcy proceeding, money collected through insurance, arbitration, mediation, settlement or a lawsuit to pay for exempt property that's no longer exemptible because it has been damaged or destroyed.