Sioux Falls Bankruptcy Lawyer, South Dakota


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

Rick A Mickelson

Wills & Probate, Family Law, Divorce, Bankruptcy, Personal Injury
Status:  In Good Standing           

Joe W. Cadwell

Bankruptcy, Credit & Debt
Status:  In Good Standing           

Harry A. Engberg

Estate Planning, Criminal, Collection, Bankruptcy
Status:  In Good Standing           

Eric John Ronke

Estate, Business Organization, Business, Bankruptcy, Bankruptcy & Debt
Status:  In Good Standing           
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Megan J. Newcombe

Immigration, Consumer Bankruptcy, Employee Rights, Eminent Domain
Status:  In Good Standing           

Jeff G. Giebink

Social Security, Criminal, Bankruptcy
Status:  In Good Standing           

Laura L Kulm Ask

Bankruptcy, Banking & Finance, Corporate, Real Estate
Status:  In Good Standing           

David L. Edwards

Litigation, Bankruptcy, Banking & Finance
Status:  In Good Standing           

Eric R. Johnson

Complex Litigation, Litigation, Credit & Debt, Bankruptcy
Status:  In Good Standing           

Timothy J. Dougherty

Real Estate, Bankruptcy, Contract, Family Law
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

Member Representative

Call me for fastest results!
800-943-8690

Free Help: Use This Form or Call 800-943-8690

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Email, Phone, Text Messages, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.

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LEGAL TERMS

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.

MEANS TEST

A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income ... (more...)
A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income for his or her state should be allowed to file for Chapter 7 bankruptcy.

FAIR CREDIT REPORTING ACT (FCRA)

A federal law that is designed to prevent inaccurate or obsolete information from entering or remaining in a credit report. The law requires credit bureaus to a... (more...)
A federal law that is designed to prevent inaccurate or obsolete information from entering or remaining in a credit report. The law requires credit bureaus to adopt reasonable procedures for gathering, maintaining and disseminating information and bars credit bureaus from reporting negative information that is older than seven years, except a bankruptcy, which may be reported for ten. If you notify a credit bureau of an error in your credit report, the FCRA requires the bureau to investigate your allegations within 30 days, review all information you provide, remove inaccurate and unverified information and adopt procedures to keep the information from reappearing. In addition, the law requires that creditors refrain from reporting incorrect information to credit bureaus.

TOXIC TORT

A personal injury caused by exposure to a toxic substance, such as asbestos or hazardous waste. Victims can sue for medical expenses, lost wages and pain and su... (more...)
A personal injury caused by exposure to a toxic substance, such as asbestos or hazardous waste. Victims can sue for medical expenses, lost wages and pain and suffering.

GARNISHMENT

A court-ordered process that takes property from a person to satisfy a debt. For example, a person who owes money to a creditor may have her wages garnished if ... (more...)
A court-ordered process that takes property from a person to satisfy a debt. For example, a person who owes money to a creditor may have her wages garnished if she loses a lawsuit filed by the creditor. Up to 25% of a person's wages can be deducted.

CCCS

See Consumer Credit Counseling Service.

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.

CREDIT FILE

See credit report.

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.

SAMPLE LEGAL CASES

United Bldg. Centers v. Ochs

... Ochs denied the complaint and claimed the restitution order entered as part of his state criminal conviction was discharged in his Chapter 7 federal bankruptcy proceedings. ... Criminal restitution orders survive bankruptcy proceedings. ...

Spencer v. Estate of Spencer

... In 1984, Spencers filed for bankruptcy. Spencers' bankruptcy schedules claimed a one-half interest in the thirty-two acres. ... Dale told Spencers he did not have to explain, and Dale refused to talk with Joseph's bankruptcy lawyer. ...

Kramer v. WILLIAM F. MURPHY SELF-DECLARATION OF TRUST

... However, the Disbursement Agreement did not contain a forum-selection clause. [¶7.] Tri-State Ethanol was unable to meet its financial obligations and eventually filed for Chapter 11 bankruptcy. ... The bankruptcy court approved the settlement agreement. ...