Moodys Bankruptcy Lawyer, Oklahoma
Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution
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S. Diane Timmons
Public Finance, Banking & Finance, Business, Bankruptcy
Status: In Good Standing Licensed: 39 Years
19473 E 819 Rd, Park Hill, OK 74451
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120 W. Division St., Stilwell, OK 74960
Profile LAWPOINTS™22/100
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LEGAL TERMS
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.
COLLECTION AGENCY
A company hired by a creditor to collect a debt that it is owed. Creditors typically hire a collection agency only after they have made efforts to collect the d... (more...)
A company hired by a creditor to collect a debt that it is owed. Creditors typically hire a collection agency only after they have made efforts to collect the debt themselves, typically through letters (called 'dunning' letters) and telephone calls. Collection agencies are regulated by the federal Fair Debt Collection Practices Act. Unfortunately, too many collectors ignore this law.
FRAUDULENT TRANSFER
In a bankruptcy case, a transfer of property to another for less than the property's value for the purpose of hiding the property from the bankruptcy trustee --... (more...)
In a bankruptcy case, a transfer of property to another for less than the property's value for the purpose of hiding the property from the bankruptcy trustee -- for instance, when a debtor signs a car over to a relative to keep it out of the bankruptcy estate. Fraudulently transferred property can be recovered and sold by the trustee for the benefit of the creditors.
LOSS DAMAGE WAIVER (LDW)
Rental car insurance that makes the rental car company responsible for damage to or theft of a rental car. This insurance is a major consumer ripoff, as it ofte... (more...)
Rental car insurance that makes the rental car company responsible for damage to or theft of a rental car. This insurance is a major consumer ripoff, as it often duplicates coverage provided by the renter's regular car insurance and/or the credit card she uses to rent the car. Nevertheless, hard-sell practices by rental car agents often dupe people into buying LDWs they don't really need. LDW is also called 'collision damage waiver.'
FAIR CREDIT BILLING ACT (FCBA)
A federal law that gives you rights when an error occurs on your credit card statement. You must notify the credit card company of the mistake within 60 days af... (more...)
A federal law that gives you rights when an error occurs on your credit card statement. You must notify the credit card company of the mistake within 60 days after it mailed the bill to you. The company must then correct the mistake, or at least acknowledge receipt of your letter within 30 days, and must correct the error within 90 days or explain why it believes the credit card statement is correct.
ACCORD AND SATISFACTION
An agreement to settle a contract dispute by accepting less than what's due. This procedure is often used by creditors who want to cut their losses by collectin... (more...)
An agreement to settle a contract dispute by accepting less than what's due. This procedure is often used by creditors who want to cut their losses by collecting as much money as they can from debtors who cannot pay the full amount.
FCRA
See Fair Credit Reporting Act.
CURRENT MONTHLY INCOME
As defined by the new bankruptcy law, a bankruptcy filer's total gross income (whether taxable or not), averaged over the six-month period immediately preceding... (more...)
As defined by the new bankruptcy law, a bankruptcy filer's total gross income (whether taxable or not), averaged over the six-month period immediately preceding the bankruptcy filing. The debtor's current monthly income is used to determine whether the debtor can file for Chapter 7 bankruptcy, among other things.
LIMITED LIABILITY
The maximum amount a business owner can lose if the business is subject to debts, claims or other liabilities. An owner of a limited liability company (LLC) or ... (more...)
The maximum amount a business owner can lose if the business is subject to debts, claims or other liabilities. An owner of a limited liability company (LLC) or a person who invests in a corporation (a shareholder) generally stands to lose only the amount of money invested in the business. This means that if the business folds, creditors cannot seize or sell an owner's home, car, or other personal assets.
SAMPLE LEGAL CASES
Bank of Oklahoma v. Ashley
... Bank). At issue is a question of first impression: Does a pre-existing judgment lien
on a debtor's real property survive a bankruptcy discharge in light of 12 OS2001 §
706(E)(2)? We find that it does and affirm. FACTS. ¶ 2 The ...
Nichols v. Nichols
... 3 In February 2000 the wife filed a voluntary bankruptcy and obtained a discharge
on September 12 of that year. ... [21]. 1056 C. Laches and Wife's Discharge in Bankruptcy
Are Not Acceptable Theories For Defeating Law Firm's Claim. ...
AMERICAN ASSOCIATES, INC. v. Quimby
... 3 A few days later on August 6, 2004, the Quimbys filed bankruptcy, wherein they
claimed the property as their homestead (and therefore, claimed its exemption in
bankruptcy) and filed a motion to avoid Creditor's judgment lien. ...
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