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Law Office of Barry H. Spitzer Sacramento Bankruptcy Attorney 1007 7th Street, Suite 200 (7th and J Streets) Sacramento, CA 95814 Phone: (916) 442-9002 ~ Fax: (916) 442-9003 E-Mail: barry@spitzerlaw.com |
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Legal Definitions: Bankruptcy Law - the legal method for a debtor to "discharge" or relieve debt. Bankruptcy is a way for people or a business who owe more money than they can pay to either work out a plan to repay the money over time or to have their debt wiped out. While no debtor is guaranteed a total discharge, most debtors who file for bankruptcy are given such relief. One of the primary purposes of the bankruptcy act is to relieve the honest debtor from the weight of oppressive indebtedness and to provide the debtor with a fresh start. Title 11 of the United States Code regulates the filing of a bankruptcy. If the debtor initiates the bankruptcy, it is called a voluntary bankruptcy. If the creditor initiates the bankruptcy, it is called an involuntary bankruptcy. In an involuntary bankruptcy, the debtor has the opportunity to contest the petition. While the debtor is either working out a plan or the trustee is gathering the available assets to sell, the Bankruptcy Code provides that creditors must stop all collection efforts against the debtor. The Bankruptcy Code regulates what chapter you must file under, what bills can be eliminated, how long payments may be extended, what possessions you may keep, and all other details concerning the bankruptcy. Collections - the area of law that gives assistance to creditors in pursuing their debtors. Contract law -That body of law that regulates the enforcement of contracts. Contract law has its origins thousands of years as the early civilizations began to trade with each other, a legal system was created to support and to facilitate that trade. The English and French developed similar contract law systems, both referring extensively to old Roman contract law principles such as consensus ad idem or caveat emptor. There are some minor differences on points of detail such as the English law requirement that every contract contain consideration. More and more states are changing their laws to eliminate consideration as a prerequisite to a valid contract thus contributing to the uniformity of law. Contract law is the basis of all commercial dealings from buying a bus ticket to trading on the stock market. Civil - dealing with all areas of the law that are not classified as criminal. Serving the following cities and counties: Yolo County; Placer County; El Dorado County; Sutter County; Davis; Folsom; Elk Grove; Citrus Heights; Rancho Cordova; Gold River; Natomas; Arden; Land Park; Greenhaven; Pocket; Antelope; Rosemont; Carmichael; Sacramento; West Sacramento; Rio Linda; Orangevale; Fair Oaks; Laguna; Roseville; Rocklin; North Highlands; Del Paso Heights; Florin and Meadowview. |
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