Collinston Bankruptcy Lawyer, Utah
Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution
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399 N Main St, Logan, UT 84321
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Rand Henderson
Criminal, Government, Bankruptcy, Family Law
Status: In Good Standing Licensed: 38 Years
Logan, UT 84323
Profile LAWPOINTS™19/100
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TIPS
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LEGAL TERMS
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.
ADMINISTRATIVE EXPENSES
The trustee's fee, the debtor's attorney fees, and other costs of bringing a bankruptcy case that a debtor must pay in full in a Chapter 13 repayment plan. Admi... (more...)
The trustee's fee, the debtor's attorney fees, and other costs of bringing a bankruptcy case that a debtor must pay in full in a Chapter 13 repayment plan. Administrative costs are typically 10% of the debtor's total payments under the plan.
PREFERENCE
A payment made by a debtor to a creditor within a defined period prior to filing for bankruptcy -- within three months for arms-length creditors (regular commer... (more...)
A payment made by a debtor to a creditor within a defined period prior to filing for bankruptcy -- within three months for arms-length creditors (regular commercial creditors) and within one year for insider creditors (friends, family members, and business associates). Because a preference gives the creditor who received the payment an edge over other creditors in the bankruptcy case, the trustee can recover the preference (the amount of the payment) and distribute it among all of the creditors.
REPOSSESSION
A creditor's taking property that has been pledged as collateral for a loan. Lenders will most often repossess cars when the owner has missed loan payments and ... (more...)
A creditor's taking property that has been pledged as collateral for a loan. Lenders will most often repossess cars when the owner has missed loan payments and has not attempted to work with the lender to resolve the problem. A repossessor can't use force to get at your car, but he can legally hot-wire it and even drive it out of your unlocked garage.
NONEXEMPT PROPERTY
The property you risk losing to your creditors when you file a Chapter 7 bankruptcy or when a creditor sues you and wins a judgment. Nonexempt property typicall... (more...)
The property you risk losing to your creditors when you file a Chapter 7 bankruptcy or when a creditor sues you and wins a judgment. Nonexempt property typically includes valuable clothing (furs) and electronic equipment, an expensive car that's been paid off and most of the equity in your house. Compare exempt property.
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.
GUARANTEED RESERVATION
A hotel or rental car reservation secured by a credit card number. In exchange for your card number, the hotel or rental agency promises to have a room or vehic... (more...)
A hotel or rental car reservation secured by a credit card number. In exchange for your card number, the hotel or rental agency promises to have a room or vehicle for you no matter when you show up. If you have a guaranteed reservation with a hotel, it must provide you with a room, either at that hotel or at another comparable establishment. If you have a guaranteed reservation with a car agency, it must provide you with a vehicle. The downside of a guaranteed reservation is that if you don't show up and haven't cancelled your reservation, you will be billed for one night in the room or one day's use of the vehicle.
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.
FCRA
See Fair Credit Reporting Act.
SAMPLE LEGAL CASES
In re Smith
... 1002 NEHRING, Justice: INTRODUCTION. ¶ 1 We consented to answer the following question
certified to us by the United States Bankruptcy Appellate Panel of the Tenth Circuit: ... On December
22, 2006, Ms. Smith filed for bankruptcy under Chapter 7 of the Bankruptcy Code. ...
Maero v. Bunker
... 1 Defendants Merrill K. Bunker; Topaz Enterprises, Inc.; and Westland II Investments (collectively,
Bunker) challenge the trial court's ruling that plaintiff Steven D. Maero was entitled to the proceeds
from the partnership interest he purchased at a bankruptcy auction. ...
Bangerter v. Petty
... On March 10, 1998, Bangerter filed a Chapter 13 bankruptcy petition. On May 14, 1998,
Jarmaccc served Bangerter with a notice to quit, instructing her to vacate the Property, but
this could not be pursued because of her pending bankruptcy action. ...
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