Fort Benton Bankruptcy Lawyer, Montana

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Ralph W. Wilkerson
About | Practice Areas
Ralph W. Wilkerson Attorney at Law
2722 3rd Avenue North Suite 400 Billings, MT 59101» view map
Bankruptcy & Debt
Get Help Starting Over

Allow our knowledgeable attorney to begin bankruptcy proceedings so you can put an end to harassing creditor phone calls.

800-785-0631
1. Ralph Wilkerson Billings, MT
  Attorney at Law - AZ, 1996
  University of Wyoming J.D. 1995
2. AboutRalph W. Wilkerson Attorney at Law
  Helping you in a variety of situations.
3. Practice AreasExpertise
  Bankruptcy & Debt
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2. Email
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Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution

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800-814-6700

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LEGAL TERMS

NONEXEMPT PROPERTY

The property you risk losing to your creditors when you file a Chapter 7 bankruptcy or when a creditor sues you and wins a judgment. Nonexempt property typicall... (more...)

The property you risk losing to your creditors when you file a Chapter 7 bankruptcy or when a creditor sues you and wins a judgment. Nonexempt property typically includes valuable clothing (furs) and electronic equipment, an expensive car that's been paid off and most of the equity in your house. Compare exempt property.

CHAPTER 13 PLAN

A document filed in a Chapter 13 bankruptcy in which the debtor shows how all of his or her disposable income will be used over a three- to five-year period to ... (more...)

A document filed in a Chapter 13 bankruptcy in which the debtor shows how all of his or her disposable income will be used over a three- to five-year period to pay all mandatory debts -- for example, back child support, taxes, and mortgage arrearages -- as well as some or all unsecured, nonpriority debts, such as medical and credit card bills.

FCBA

See Fair Credit Billing Act.

WINDING UP

The process of paying off expenses and creditors, settling accounts, and collecting and distributing (to shareholders and owners) whatever assets then remain, a... (more...)

The process of paying off expenses and creditors, settling accounts, and collecting and distributing (to shareholders and owners) whatever assets then remain, all with the ultimate goal of liquidating or closing down a corporation or partnership.

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.

MEETING OF CREDITORS

A meeting held with the bankruptcy trustee about a month after you file for bankruptcy. You must attend. The trustee reviews your bankruptcy papers and asks a f... (more...)

A meeting held with the bankruptcy trustee about a month after you file for bankruptcy. You must attend. The trustee reviews your bankruptcy papers and asks a few questions. In a Chapter 7, the meeting of creditors lasts a few minutes and rarely do any creditors show up. In a Chapter 13 bankruptcy, one or two creditors may attend, especially if they disagree with some provision of your repayment plan.

REPOSSESSION

A creditor's taking property that has been pledged as collateral for a loan. Lenders will most often repossess cars when the owner has missed loan payments and ... (more...)

A creditor's taking property that has been pledged as collateral for a loan. Lenders will most often repossess cars when the owner has missed loan payments and has not attempted to work with the lender to resolve the problem. A repossessor can't use force to get at your car, but he can legally hot-wire it and even drive it out of your unlocked garage.

TRADE DRESS

The distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace -- for example, the shape... (more...)

The distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace -- for example, the shape of Frangelico liqueur bottles. Trade dress can be protected under trademark law if a showing can be made that the average consumer would likely be confused as to product origin if another product were allowed to appear in similar dress.

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.

SAMPLE LEGAL CASES

State v. McWilliams

... 6 4. Whether the District Court erred in sentencing McWilliams to pay restitution of sums that had been discharged by his bankruptcy proceeding. Factual and Procedural Background. ... 12 McWilliams and his wife had filed for Chapter 13 bankruptcy in May 1997. ...

Stipe v. First Interstate Bank

... The Stipes then sought bankruptcy protection. Because the Stipes lacked sufficient resources to care for the cattle, the Bankruptcy court granted FIB relief from the automatic bankruptcy stay, which allowed FIB to pursue non-bankruptcy remedies to repossess the cattle. ...

Dovey v. BNSF RAILWAY COMPANY

... BACKGROUND. Â¶4 Dovey had financial difficulties which ultimately led him to file for bankruptcy. He first met with his bankruptcy attorney Steven Winship ("Winship") on June 1, 2004. ... 7 On October 21, 2004, Dovey filed a Chapter 7 petition for bankruptcy. ...

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Fort Benton Bankruptcy Lawyer, Montana

Sponsored Law Firm

Ralph W. Wilkerson Attorney at Law

SPONSORED LAWYERS

Fernando Jose Terrones

Anders Blewett

Joseph C. Engel

Charla K Tadlock

Marica G. Berkenbuel

Roger T. Witt

Erle Daniel Mills

Cella Bleweit

Celia Blewett

Valerie C Grubich

TIPS

LEGAL TERMS

NONEXEMPT PROPERTY

CHAPTER 13 PLAN

FCBA

WINDING UP

COLLECTION AGENCY

MEETING OF CREDITORS

REPOSSESSION

TRADE DRESS

PRESUMED ABUSE

SAMPLE LEGAL CASES

State v. McWilliams

Stipe v. First Interstate Bank

Dovey v. BNSF RAILWAY COMPANY

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