Letohatchee Credit & Debt Lawyer, Alabama
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LEGAL TERMS
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.
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.
401(K) PLAN
A deferred compensation savings program in which employees invest part of their wages, sometimes along with employer contributions, to save on taxes. No income ... (more...)
A deferred compensation savings program in which employees invest part of their wages, sometimes along with employer contributions, to save on taxes. No income taxes on the amount invested and any earnings are due until the employee withdraws money from the fund.
LIQUIDATING PARTNER
The member of an insolvent or dissolving partnership responsible for paying the debts and settling the accounts of the partnership.
IRS EXPENSES
A table of national and regional expense estimates published by the IRS. Debtors whose current monthly income is more than their state's median family income mu... (more...)
A table of national and regional expense estimates published by the IRS. Debtors whose current monthly income is more than their state's median family income must use the IRS expenses to calculate their average net income in a Chapter 7 case, or their disposable income in a Chapter 13 case.
UNSECURED DEBT
A debt that is not tied to any item of property. A creditor doesn't have the right to grab property to satisfy the debt if you default. The creditor's only reme... (more...)
A debt that is not tied to any item of property. A creditor doesn't have the right to grab property to satisfy the debt if you default. The creditor's only remedy is to sue you and get a judgment. Compare secured debt.
WORKOUT
A debtor's plan to take care of a debt, by paying it off or through loan forgiveness. Workouts are often created to avoid bankruptcy or foreclosure proceedings.
GUARANTOR
A person who makes a legally binding promise to either pay another person's debt or perform another person's duty if that person defaults or fails to perform. T... (more...)
A person who makes a legally binding promise to either pay another person's debt or perform another person's duty if that person defaults or fails to perform. The guarantor gives a 'guaranty,' which is an assurance that the debt or other obligation will be fulfilled.
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
Woods v. SunTrust Bank
... In November 2005, SunTrust withdrew $1,899 from the Gilchrists' checking account to
offset part of the delinquent equity-line-of-credit debt. ... In the spring of 2005, SunTrust began
collection efforts on the delinquent equity-line-of-credit debt. ...
FEDERAL CREDIT, INC. v. Fuller
... "Greg Fuller alleges that a letter being sent to him via his employer seeking repayment of a debt
defamed him. Although indebtedness may be defamatory, the fact that he owed Federal Credit...
was absolutely true. Truth is an absolute defense to defamation. ...
Hunt v. FEDERATED FINANCIAL CORPORATION OF AMERICA
... Procedural History. On June 28, 2009, FFCA, which had allegedly been assigned a credit-card
debt owed by Hunt, filed a complaint alleging that Hunt owed $19,796.57 plus accrued interest
on that credit-card account and seeking a judgment in that amount against Hunt. ...
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