Efland Credit & Debt Lawyer, North Carolina
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3326 Durham-Chapel Hill Boulevard, Durham, NC 27709
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Edward C. Boltz
Collection, Credit & Debt, Bankruptcy, Commercial Real Estate
Status: In Good Standing Licensed: 28 Years
1738 Hillandale Rd, Durham, NC 27705
Profile LAWPOINTS™22/100
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LEGAL TERMS
FCRA
See Fair Credit Reporting Act.
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.
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.
AUTOMATIC STAY
An injunction automatically issued by the bankruptcy court when a debtor files for bankruptcy. The automatic stay prohibits most creditor collection activities,... (more...)
An injunction automatically issued by the bankruptcy court when a debtor files for bankruptcy. The automatic stay prohibits most creditor collection activities, such as filing or continuing lawsuits, making written requests for payment, or notifying credit reporting bureaus of an unpaid debt.
NUISANCE FEES
Money charged by some credit card companies to increase their profits when you fail to use the card the way the creditor wants. Examples include late payment fe... (more...)
Money charged by some credit card companies to increase their profits when you fail to use the card the way the creditor wants. Examples include late payment fees, inactivity fees and fees for not carrying a balance from month to month. It's best to shop around and get rid of cards that have these fees attached.
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.
REAFFIRMATION
An agreement that a debtor and a creditor enter into after a debtor has filed for bankruptcy, in which the debtor agrees to repay all or part of an existing deb... (more...)
An agreement that a debtor and a creditor enter into after a debtor has filed for bankruptcy, in which the debtor agrees to repay all or part of an existing debt after the bankruptcy case is over. For instance, a debtor might make a reaffirmation agreement with the holder of a car note that the debtor can keep the car and must continue to pay the debt after bankruptcy.
COLLATERAL
Property that guarantees payment of a secured debt.
CREDIT INSURANCE
Insurance a lender requires a borrower to purchase to cover the loan. If the borrower dies or becomes disabled before paying off the loan, the policy will pay o... (more...)
Insurance a lender requires a borrower to purchase to cover the loan. If the borrower dies or becomes disabled before paying off the loan, the policy will pay off the remaining balance. Federal and state consumer protection laws require the lender to disclose to existing and potential borrowers the terms and costs of obtaining credit insurance because it can affect the terms of the loan.
SAMPLE LEGAL CASES
Stovall v. Stovall
... III. Credit for Debt. ... Both plaintiff and defendant assign error to the trial court's findings
and conclusions which gave defendant a "credit" for debt payments of $160,000.00
toward the New Madison debts after the date of separation. ...
Commercial Credit Group, Inc. v. Barber
... Acting on behalf of Creditor, Commercial Credit Group's Senior Vice President, Mr. Mattocks,
offered an opening bid of $100,000. ... After the auction, Creditor deducted the $100,000 net sale
proceeds from Debtor's outstanding debt and found that Debtor's total outstanding ...
Citibank (South Dakota), NA v. Bowen
... WS Bowen, defendant-appellant, pro se. HUNTER, Judge. Citibank, South Dakota, NA ("plaintiff")
filed an action in the District Court of Harnett County on 13 March 2007 to recover an outstanding
credit card debt from WS Bowen ("defendant") in the amount of $18,716.17. ...
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