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Niles Bankruptcy Lawyer, Michigan

Sponsored Law Firm


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

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Katherine Walke

Federal Appellate Practice, Government, Business & Trade, Bankruptcy
Status:  In Good Standing           Licensed:  23 Years
CONTACT
2221 Hanley Rd S, Saint Joseph, MI 49085
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LEGAL TERMS

CCCS

See Consumer Credit Counseling Service.

WINDING UP

The process of paying off expenses and creditors, settling accounts, and collecting and distributing (to shareholders and owners) whatever assets then remain, a... (more...)
The process of paying off expenses and creditors, settling accounts, and collecting and distributing (to shareholders and owners) whatever assets then remain, all with the ultimate goal of liquidating or closing down a corporation or partnership.

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.

DISPOSABLE INCOME

The difference between a debtor's current monthly income and allowable expenses. This is the amount that the new bankruptcy law deems available to pay into a Ch... (more...)
The difference between a debtor's current monthly income and allowable expenses. This is the amount that the new bankruptcy law deems available to pay into a Chapter 13 plan.

TRADE NAME

The official name of a business, the one it uses on its letterhead and bank account when not dealing with consumers.

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.

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.

DISCHARGEABLE DEBTS

Debts that can be erased by going through bankruptcy. Most debts incurred prior to declaring bankruptcy are dischargeable, including back rent, credit card bill... (more...)
Debts that can be erased by going through bankruptcy. Most debts incurred prior to declaring bankruptcy are dischargeable, including back rent, credit card bills and medical bills. Compare nondischargeable debts.

GENERAL PARTNER

A person who joins with at least one other to own and operate a business for profit -- and who (unlike a corporation's owners), is personally liable for all the... (more...)
A person who joins with at least one other to own and operate a business for profit -- and who (unlike a corporation's owners), is personally liable for all the business's debts and obligations. A general partner's actions can legally bind the entire business. See also partnership, limited partnership.

SAMPLE LEGAL CASES

RDM Holdings, Ltd. v. Continental Plastics Co.

... II. REVIEW OF THE CHAPTER 7 BANKRUPTCY PROCEEDINGS. ... 109, 121, 597 NW2d 817 (1999). V. ANALYSIS—RES JUDICATA AND BANKRUPTCY PROCEEDINGS. A. GOVERNING PRINCIPLES. Our starting point is to determine the applicable res judicata test. ...

Gulf Underwriters Ins. Co. v. McCLAIN INDUSTRIES, INC.

... See MCL 500.402b(a); MCL 500.1904. The policy here includes language similar to the required "bankruptcy provision" for contracts controlled by the code. MCL 500.3006. However, Gulf Underwriters has not indicated that ...

MICHIGAN COMMERCE BANK v. PALMS INVESTMENTS, LLC

... Plaintiff first argues that a guarantor's liability is not extinguished when a debt is discharged in bankruptcy. Here, plaintiff's obligor, Palms Investments, LLC, defaulted on its debt to plaintiff and filed a petition for bankruptcy. During ...

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