Paia Bankruptcy Lawyer, Hawaii
Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution
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Joseph T Toma
Real Estate, Criminal, Contract, Bankruptcy
Status: In Good Standing Licensed: 42 Years
24 N. Church St., Wailuku, HI 96793
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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.
SECURED DEBT
A debt on which a creditor has a lien. The creditor can institute a foreclosure or repossession to take the property identified by the lien, called the collater... (more...)
A debt on which a creditor has a lien. The creditor can institute a foreclosure or repossession to take the property identified by the lien, called the collateral, to satisfy the debt if you default. Compare unsecured debt.
COLLATERAL
Property that guarantees payment of a secured debt.
CHAPTER 7 BANKRUPTCY
The most familiar type of bankruptcy, in which many or all of your debts are wiped out completely in exchange for giving up your nonexempt property. Chapter 7 b... (more...)
The most familiar type of bankruptcy, in which many or all of your debts are wiped out completely in exchange for giving up your nonexempt property. Chapter 7 bankruptcy takes from three to six months, costs about $200, and commonly requires only one trip to the courthouse.
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.
GRACE PERIOD
A period of time during which you are not required to make payments on a debt. For example, most credit cards give you a grace period of 20-30 days before you h... (more...)
A period of time during which you are not required to make payments on a debt. For example, most credit cards give you a grace period of 20-30 days before you have to pay interest on the amount of your purchases. Cash advances, however, usually have no grace period; interest begins to accumulate from the date of the withdrawal, even if you pay your bills on time. Also, some student loans give you a grace period after graduating or dropping out of school. During this time, you are not required to make payments on your loan.
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.
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.
SAMPLE LEGAL CASES
WM SPECIALTY MORTGAGE LLC v. KEKAUOHA-ALISA
... [1]. During the pendency of this appeal, the United States Bankruptcy Court for the District of
Hawai`i (Bankruptcy Court), before whom Kekauoha-Alisa had filed a petition for bankruptcy,
ruled that the foreclosure sale that is the subject of this appeal was void, set aside the ...
Chang v. Buffington
... State. § 663-15.5 Filed on July 21, 2009" (the December 2, 2009 United States Bankruptcy Court
order) in Case No. 07-00504 in the United States Bankruptcy Court for the District of Hawaii, and
(2) the record, it appears that we do not have jurisdiction over this appellate case. ...
THE BANK OF NEW YORK v. FLORA BELARDO CADIZ
... of sale, of its requested fees and costs in the amount of $21,443.22, since the vast majority of
that amount, nonetheless awarded by the lower court, consisted mainly of fees and costs
attributable to work admittedly performed before the United States Bankruptcy Court for the ...
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