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E. Chris L'Hommedieu
About | Practice Areas
L'Hommedieu Law Office, P.A.
190 Bates Street Lewiston, ME 04240» view map
Bankruptcy & Debt
More Than Just A Law Firm

L'Hommedieu Law Office, P.A. has been providing the best in legal representation in Bankruptcy, Personal Injury, Disability and Family law since 1997.

800-941-5060
1. E. Chris L'Hommedieu Lewiston, ME
  Attorney at Law - ME, 1996
  University of Maine J.D. 1995
2. AboutL'Hommedieu Law Office, P.A.
  More Than Just A Law Firm
3. Practice AreasExpertise
  Bankruptcy & Debt
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2. Email
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Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution

Scott F. Hess

Real Estate, Litigation, Federal Appellate Practice, Bankruptcy

Status: Licensed: 16 Years

CONTACT

72 Winthrop Street, Augusta, ME 04330

John D. Pelletier

Personal Injury, Bankruptcy

Status: Licensed: 40 Years

CONTACT

Readfield, ME 04355

800-814-6700

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LEGAL TERMS

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.

LIEN

The right of a secured creditor to grab a specific item of property if you don't pay a debt. Liens you agree to are called security interests, and include mortg... (more...)

The right of a secured creditor to grab a specific item of property if you don't pay a debt. Liens you agree to are called security interests, and include mortgages, home equity loans, car loans and personal loans for which you pledge property to guarantee repayment. Liens created without your consent are called nonconsensual liens, and include judgment liens (liens filed by a creditor who has sued you and obtained a judgment), tax liens and mechanics liens (liens filed by a contractor who worked on your house but wasn't paid).

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.

REDEMPTION

In Chapter 7 bankruptcy, when the debtor obtains legal title to collateral for a debt by paying the creditor the replacement value of the collateral in a lump s... (more...)

In Chapter 7 bankruptcy, when the debtor obtains legal title to collateral for a debt by paying the creditor the replacement value of the collateral in a lump sum. For example, a debtor may redeem a car note by paying the lender the amount a retail vendor would charge for the car, considering its age and condition.

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.

CURRENT MONTHLY INCOME

As defined by the new bankruptcy law, a bankruptcy filer's total gross income (whether taxable or not), averaged over the six-month period immediately preceding... (more...)

As defined by the new bankruptcy law, a bankruptcy filer's total gross income (whether taxable or not), averaged over the six-month period immediately preceding the bankruptcy filing. The debtor's current monthly income is used to determine whether the debtor can file for Chapter 7 bankruptcy, among other things.

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.

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.

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.

SAMPLE LEGAL CASES

Cimenian v. Lumb

... This case started with what the trial court described as a "very murky, very questionable transaction." In 1997, Nahabet Cimenian, William Lumb, who is Carolle Lumb's husband, and Allen Fernald entered into a partnership formed to purchase two bankruptcy claims in the ...

Key Equipment Finance, Inc. v. Hawkins

... (KEF), for a deficiency judgment resulting from a bankruptcy sale of equipment. ... [Â¶ 4] In September 2005, Hawkins signed a Chapter 11 bankruptcy petition on behalf of MBI. During the bankruptcy proceedings, MBI's lawyers regularly conveyed developments to Hawkins. ...

NORTH EAST INS. CO. v. Young

... and Alley against Weeks. The court determined that the discharge of Hutchinson's personal liability in bankruptcy had rendered the cross-claims against her moot. Young and Alley appealed. II. DISCUSSION. [Â¶ 10] We begin by ...

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