White Oak Bankruptcy Lawyer, West Virginia
Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution
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1-4 of 4 matches. Page 1 of 1
Colleen C. McCulloch
Real Estate, Wills & Probate, Estate Planning, Bankruptcy
Status: In Good Standing
600 Neville Street, Beckley, WV 25801
Profile LAWPOINTS™45/100
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CONTACT 102 McCreery Street, Beckley, WV 25801
Profile LAWPOINTS™36/100
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Paul W. Roop
Commercial Real Estate, Consumer Rights, Collection, Bankruptcy
Status: In Good Standing
Beckley, WV 25802
Profile LAWPOINTS™24/100
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Gerald Clint Hayden
Alimony & Spousal Support, Adoption, Bankruptcy, Animal Bite
Status: In Good Standing Licensed: 23 Years
102 Mccreery St, Beckley, WV 25801
Profile LAWPOINTS™36/100
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Easily find White Oak Bankruptcy Lawyers and White Oak Bankruptcy Law Firms. For more attorneys, search all Bankruptcy & Debt areas including Collection, Credit & Debt, Reorganization and Workout attorneys.
LEGAL TERMS
ABUSE
Misuse of the Chapter 7 bankruptcy remedy. This term is typically applied to Chapter 7 bankruptcy filings that should have been filed under Chapter 13, because ... (more...)
Misuse of the Chapter 7 bankruptcy remedy. This term is typically applied to Chapter 7 bankruptcy filings that should have been filed under Chapter 13, because the debtor appears to have enough disposable income to fund a Chapter 13 repayment 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.
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.
GARNISHMENT
A court-ordered process that takes property from a person to satisfy a debt. For example, a person who owes money to a creditor may have her wages garnished if ... (more...)
A court-ordered process that takes property from a person to satisfy a debt. For example, a person who owes money to a creditor may have her wages garnished if she loses a lawsuit filed by the creditor. Up to 25% of a person's wages can be deducted.
PRESUMED ABUSE
In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means te... (more...)
In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means test, the court will presume that the debtor has sufficient income to fund a Chapter 13 plan. In this situation, the debtor will not be allowed to proceed with a Chapter 7 bankruptcy unless the debtor can prove that he or she is not abusing the Chapter 7 bankruptcy remedy.
FAIR CREDIT REPORTING ACT (FCRA)
A federal law that is designed to prevent inaccurate or obsolete information from entering or remaining in a credit report. The law requires credit bureaus to a... (more...)
A federal law that is designed to prevent inaccurate or obsolete information from entering or remaining in a credit report. The law requires credit bureaus to adopt reasonable procedures for gathering, maintaining and disseminating information and bars credit bureaus from reporting negative information that is older than seven years, except a bankruptcy, which may be reported for ten. If you notify a credit bureau of an error in your credit report, the FCRA requires the bureau to investigate your allegations within 30 days, review all information you provide, remove inaccurate and unverified information and adopt procedures to keep the information from reappearing. In addition, the law requires that creditors refrain from reporting incorrect information to credit bureaus.
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.
PRIORITY DEBT
A type of debt that is paid first if there are distributions made from the bankruptcy estate in a Chapter 7 bankruptcy, and must be paid in full in a Chapter 13... (more...)
A type of debt that is paid first if there are distributions made from the bankruptcy estate in a Chapter 7 bankruptcy, and must be paid in full in a Chapter 13 bankruptcy. Priority debts include alimony and child support, fees owed to the trustee and the attorney in the bankruptcy case, and wages owed to employees.
SOLE PROPRIETORSHIP
A business owned and managed by one person (or for tax purposes, a husband and wife). For IRS purposes, a sole proprietor and her business are one tax entity, m... (more...)
A business owned and managed by one person (or for tax purposes, a husband and wife). For IRS purposes, a sole proprietor and her business are one tax entity, meaning that business profits are reported and taxed on the owner's personal tax return. Setting up a sole proprietorship is cheap and easy since no legal formation documents need be filed with any governmental agency (although tax registration and other permit and license requirements may still apply). Once you file a fictitious name statement (assuming you don't use your own name) and obtain any required basic tax permits and business licenses, you'll be in business. The main downside of a sole proprietorship is that its owner is personally liable for all business debts.
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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