Search for: "Debtors and Debtors in Possession"
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13 Jul 2017, 1:41 pm
As a result, the Supreme Court held that §522(f)(1) of the Bankruptcy Code “requires a debtor to have possessed an interest to which a lien attached, before it attached, to avoid the fixing of the lien on that interest…” Farrey v. [read post]
1 Apr 2011, 12:47 pm
As a result, the Supreme Court held that §522(f)(1) of the Bankruptcy Code “requires a debtor to have possessed an interest to which a lien attached, before it attached, to avoid the fixing of the lien on that interest. [read post]
30 Jan 2009, 9:01 am
Some people mistakenly believe that just because they have been sued by a bankruptcy trustee or debtor-in-possession their only option is to pay the full amount demanded. [read post]
14 Aug 2022, 6:21 pm
Foreclosure - If a debtor has defaulted on a home mortgage, a creditor may be able to take possession of the home and sell it through an auction. [read post]
14 Nov 2022, 5:30 am
Under section 362(b)(22), a landlord may continue an eviction proceeding against a debtor to obtain possession of residential property, but only if a judgment was obtained against the debtor before the filing date. [read post]
30 Jul 2013, 1:47 pm
In short, exemptions provide legal options for debtors to keep their possessions during and after bankruptcy. [read post]
28 May 2020, 8:29 am
And as I wrote earlier, one of the tricky issues is that property of the bankruptcy estate can include property that a debtor does not yet control or possess. [read post]
24 Jul 2006, 1:17 pm
§ 1107, or the general rule of court that a Chapter 11 debtor-in-possession has the same requirements and obligations as a trustee. [read post]
13 May 2022, 8:50 am
This complaint will describe the property that is being repossessed and state that the creditor has the right to take possession of a vehicle that has been wrongfully detained or concealed by the debtor. [read post]
22 Nov 2017, 8:09 am
Clark County Collection Services bought the claims against itself for $250.After buying Arellano’s lawsuit, the collection agency moved in federal district court to dismiss the lawsuit, arguing that Arellano “no longer possesse[d] any rights of action in this case, and no longer possesse[d] any standing to sue. [read post]
20 Jan 2012, 8:01 am
Proc. 6007(b) provides the mechanism for accomplishing the process: A party in interest may file and serve a motion requiring the trustee or debtor in possession to abandon property of the estate. [read post]
12 Sep 2022, 5:30 am
Whether debtors are allowed to keep their recreational toys, which are often not exempt, nor considered necessary for the debtor to possess, depends upon the circumstances and type of bankruptcy that is filed. [read post]
18 Dec 2009, 2:56 pm
Avoidance powers: Rights given to the bankruptcy trustee (or the debtor in possession in a Chapter 11) to recover certain transfers of property such as preferences or fraudulent transfers or to void liens created before the commencement of a bankruptcy case. [read post]
21 Apr 2011, 9:38 am
In the vast majority of Chapter 11 Reorganization Cases, there is only one Disclosure Statement (think "stock prospectus" and you won't be far off) and one Chapter 11 Plan, proposed by the Debtor and Debtor-in-Possession. [read post]
10 Jun 2012, 5:22 pm
If the trustee or debtor in possession agrees with the claimed amount, the creditor has a claim in that amount. [read post]
3 Oct 2014, 7:51 am
His suit claimed that the bank improperly took possession or control of his account, without having obtained the permission of the bankruptcy judge. [read post]
20 May 2022, 4:05 pm
The lender can quickly take possession of the property without the need to have the debtor removed from the home. [read post]
17 Nov 2008, 2:45 pm
One purpose of Chapter 15 is to promote cooperation between courts of the United States, United States trustees, trustees, examiners, debtors, and debtors-in-possession and the courts and other competent authorities of foreign countries involved in cross border insolvency cases. [read post]
29 Jan 2015, 10:33 am
Once a debtor files for bankruptcy, his or her home and other possessions become part of their bankruptcy estate. [read post]
20 Mar 2014, 8:11 am
Section 362(a) language quoted below protects different things, as pointed out in italics: DEBTOR & ESTATE (2) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; ESTATE (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; ESTATE (4) any act to create, perfect, or enforce any lien… [read post]
