Napier Bankruptcy Lawyer, West Virginia
Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution
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Gregory H. Schillace
Civil Rights, Insurance, Consumer Bankruptcy, Slip & Fall Accident
Status: In Good Standing
Clarksburg, WV 26302
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LEGAL TERMS
FCBA
See Fair Credit Billing Act.
FAIR LABOR STANDARDS ACT (FLSA)
A federal law that guarantees a worker's right to be paid fairly. The FLSA defines the 40-hour workweek, sets out the federal minimum wage, states requirements ... (more...)
A federal law that guarantees a worker's right to be paid fairly. The FLSA defines the 40-hour workweek, sets out the federal minimum wage, states requirements for overtime and places restrictions on child labor.
LIABILITY
(1) The state of being liable--that is, legally responsible for an act or omission. Example:Peri hires Paul to fix a broken pipe in her bathroom, but the new pi... (more...)
(1) The state of being liable--that is, legally responsible for an act or omission. Example:Peri hires Paul to fix a broken pipe in her bathroom, but the new pipe bursts the day after Paul installs it, ruining the bathroom floor. This raises the issue of liability: Who is responsible for the damage? Peri claims that Paul is responsible, and sues him for the cost of hiring another plumber to fix the pipe and replacing the floor. Paul, in turn, claims that the pipe manufacturer is responsible, because they supplied him with faulty materials. Both Peri and Paul must prove their claims in court; if Paul and/or the manufacturer is found liable, one or both will have to pay damages to Peri. (2) Something for which a person is liable. For example, a debt is often called a liability.
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.
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.
HOUSEHOLDER
A person who supports and maintains a household, with or without other people. In bankruptcy law, a householder, housekeeper or head of household can claim a ho... (more...)
A person who supports and maintains a household, with or without other people. In bankruptcy law, a householder, housekeeper or head of household can claim a homestead exemption and possibly other exemptions relating to the maintenance of the household.
DISCHARGE (OF DEBTS)
A bankruptcy court's erasure of the debts of a person or business that has filed for bankruptcy.
COLLATERAL
Property that guarantees payment of a secured debt.
NO-FAULT INSURANCE
Car insurance laws that require the insurance companies of each person in an accident to pay for medical bills and lost wages of their insured, up to a certain ... (more...)
Car insurance laws that require the insurance companies of each person in an accident to pay for medical bills and lost wages of their insured, up to a certain amount, regardless of who was at fault. The effect of no-fault insurance laws is to eliminate lawsuits in small accidents. The advantage is the prompt payment of medical bills and expenses. The downsides are that the amounts paid by no-fault policies are often not enough to fully cover a person's losses and that no-fault does not compensate for pain and suffering.
SAMPLE LEGAL CASES
Caperton v. AT Massey Coal Co., Inc.
... During the negotiations for the sale of the Harman Mine to Massey, Massey had also learned
that Mr. Caperton had personally guaranteed a number of the Harman Companies' obligations.
[16] 233 Subsequently, the Harman Companies filed for bankruptcy. ...
Whiteside v. Whiteside
... The property was owned by them as joint tenants with the right of survivorship. In 2000, the couple
filed a voluntary petition under Chapter 7 of the United States Bankruptcy Code in the United
States Bankruptcy Court for the Southern District of West Virginia. ...
IN RE MARRIAGE OF WHITESIDE v. Whiteside
... The property was owned by them as joint tenants with the right of survivorship. In 2000, the couple
filed a voluntary petition under Chapter 7 of the United States Bankruptcy Code in the United
States Bankruptcy Court for the Southern District of West Virginia. ...
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