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Simple English definitions for legal terms

absolute-bar rule

Read a random definition: non deficit jus sed probatio

A quick definition of absolute-bar rule:

The absolute-bar rule is a law that says if a creditor sells something that a borrower used as collateral for a loan in a way that is not fair, they cannot ask the borrower to pay any remaining debt. For example, if someone borrows money and uses their car as collateral, the creditor cannot sell the car for much less than it is worth and then ask the borrower to pay the difference. The law requires that the creditor sell the collateral in a fair way and notify the borrower before doing so. This rule is part of the Uniform Commercial Code and has been adopted by California.

A more thorough explanation:

The absolute-bar rule is a legal principle that prevents a creditor from obtaining a deficiency judgment if they dispose of collateral in a commercially unreasonable manner. This means that if a debtor defaults on a loan and the creditor takes possession of the collateral (such as a car or house), they must sell it in a way that is fair and reasonable. If they do not, they cannot seek additional payment from the debtor.

For example, the Uniform Commercial Code (UCC) and the California Commercial Code (COM) both require that creditors dispose of collateral in a commercially reasonable manner. They also require that debtors be notified before the collateral is sold. If a creditor fails to follow these rules and sells the collateral for less than it is worth, they cannot seek a deficiency judgment against the debtor.

One example of the absolute-bar rule in action is the case of Beardmore v. Am. Summit Fin. Holdings, L.L.C. In this case, the court applied the absolute-bar rule even though the Texas legislature had abandoned it. This was because the creditor had sold the collateral before the law changed, so they were still subject to the old rule.

Overall, the absolute-bar rule is an important protection for debtors. It ensures that creditors cannot take advantage of them by selling their collateral for less than it is worth and then seeking additional payment.

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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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