Phillips Bankruptcy Lawyer, Maine
Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution
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Scott F. Hess
Real Estate, Litigation, Federal Appellate Practice, Bankruptcy
Status: In Good Standing Licensed: 15 Years
72 Winthrop Street, Augusta, ME 04330
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Easily find Phillips Bankruptcy Lawyers and Phillips Bankruptcy Law Firms. For more attorneys, search all Bankruptcy & Debt areas including Collection, Credit & Debt, Reorganization and Workout attorneys.
LEGAL TERMS
FDCPA
See Fair Debt Collections & Practices Act.
CYBERSQUATTING
Buying a domain name that reflects the name of a business or famous person with the intent of selling the name back to the business or celebrity for a profit. T... (more...)
Buying a domain name that reflects the name of a business or famous person with the intent of selling the name back to the business or celebrity for a profit. The Anticybersquatting Consumer Protection Act of 1999 authorizes a cybersquatting victim to file a federal lawsuit to regain a domain name or sue for financial compensation. Under the act, registering, selling or using a domain name with the intent to profit from someone else's good name is considered cybersquatting. Victims of cybersquatting can also use the provisions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN, an international tribunal administering domain names. This international policy results in arbitration of the dispute, not litigation.
WORKOUT
A debtor's plan to take care of a debt, by paying it off or through loan forgiveness. Workouts are often created to avoid bankruptcy or foreclosure proceedings.
S CORPORATION
A term that describes a profit-making corporation organized under state law whose shareholders have applied for and received subchapter S corporation status fro... (more...)
A term that describes a profit-making corporation organized under state law whose shareholders have applied for and received subchapter S corporation status from the Internal Revenue Service. Electing to do business as an S corporation lets shareholders enjoy limited liability status, as would be true of any corporation, but be taxed like a partnership or sole proprietor. That is, instead of being taxed as a separate entity (as would be the case with a regular or C corporation) an S corporation is a pass-through tax entity: income taxes are reported and paid by the shareholders, not the S corporation. To qualify as an S corporation a number of IRS rules must be met, such as a limit of 75 shareholders and citizenship requirements.
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.
FAIR LABOR STANDARDS ACT (FLSA)
A federal law that guarantees a worker's right to be paid fairly. The FLSA defines the 40-hour workweek, sets out the federal minimum wage, states requirements ... (more...)
A federal law that guarantees a worker's right to be paid fairly. The FLSA defines the 40-hour workweek, sets out the federal minimum wage, states requirements for overtime and places restrictions on child labor.
CREDITOR
A person or entity (such as a bank) to whom a debt is owed.
DEFINED CONTRIBUTION PLAN
A type of pension plan that does not guarantee any particular pension amount upon retirement. Instead, the employer pays into the pension fund a certain amount ... (more...)
A type of pension plan that does not guarantee any particular pension amount upon retirement. Instead, the employer pays into the pension fund a certain amount every month, or every year, for each employee. The employer usually pays a fixed percentage of an employee's wages or salary, although sometimes the amount is a fraction of the company's profits, with the size of each employee's pension share depending on the amount of wage or salary. Upon retirement, each employee's pension is determined by how much was contributed to the fund on behalf of that employee over the years, plus whatever earnings that money has accumulated as part of the investments of the entire pension fund.
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).
SAMPLE LEGAL CASES
Cimenian v. Lumb
... This case started with what the trial court described as a "very murky, very questionable
transaction." In 1997, Nahabet Cimenian, William Lumb, who is Carolle Lumb's husband, and
Allen Fernald entered into a partnership formed to purchase two bankruptcy claims in the ...
Key Equipment Finance, Inc. v. Hawkins
... (KEF), for a deficiency judgment resulting from a bankruptcy sale of equipment. ... [¶ 4] In September
2005, Hawkins signed a Chapter 11 bankruptcy petition on behalf of MBI. During the bankruptcy
proceedings, MBI's lawyers regularly conveyed developments to Hawkins. ...
NORTH EAST INS. CO. v. Young
... and Alley against Weeks. The court determined that the discharge of Hutchinson's
personal liability in bankruptcy had rendered the cross-claims against her moot. Young
and Alley appealed. II. DISCUSSION. [¶ 10] We begin by ...
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