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LSDefine

Simple English definitions for legal terms

recourse

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A quick definition of recourse:

Recourse refers to the process of enforcing one's rights. For example, if someone is fired for discriminatory reasons, they may have legal recourse to seek justice. It can also refer to a type of debt where the creditor can collect what is owed on the debtor's personal assets even after taking collateral. However, the creditor must first look to the collateral before pursuing the debtor's personal assets. Whether a debt is recourse or nonrecourse can be determined by looking at the language of the debt instrument. In some cases, whether a debt is recourse or nonrecourse does not affect its treatment.

A more thorough explanation:

Recourse is a legal term that can have two meanings:

Recourse refers to the process of enforcing one's rights. For example, if an employee is wrongfully terminated, they may seek recourse by taking legal action against their employer. However, in some cases, such as in the U.S. Supreme Court case Our Lady of Guadalupe School v. Morrissey-Berru, employees may not have legal recourse if they are classified as "ministers."

Recourse can also refer to a type of debt where the creditor can collect what is owed on the debtor's personal assets, even after taking collateral. This is different from nonrecourse debt, where the creditor may only look to the collateral. However, the creditor must first look to the collateral before pursuing the debtor's personal assets.

For example, in Racine v. Commissioner, a loan was classified as recourse debt because the borrower was personally liable for the full amount. The creditor could pursue the debtor's personal assets if the collateral did not satisfy the debt.

Courts determine whether a loan is recourse or nonrecourse by looking at the language of the debt instrument. For example, in Veleron Holding v. Stanley, a debt was classified as recourse because the credit agreement stated that the creditor could sue the borrower for the full amount due under the loan, including any deficiency after the sale of the pledged collateral.

However, in some cases, whether a debt is recourse or nonrecourse does not affect the treatment of the debt. For example, in Crane v. Commissioner, the U.S. Supreme Court found that a taxpayer realized gain on the sale of a property when the buyer assumed the seller's mortgage on the sold property, regardless of whether the mortgage was recourse or nonrecourse.

recoupment | recover

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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