Search for: "Debtors and Debtors in Possession"
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29 Mar 2022, 10:15 am
A debtor retains possession and continues paying off any liens against the property as if no bankruptcy were filed. [read post]
3 May 2010, 9:34 am
The "automatic stay" of 11 USC 362 is a fundamental debtor protection. [read post]
28 Jul 2015, 6:48 am
Debtors believe that as long as they do not hold assets in their possession and do not have a check they can sign for the assets they are insulated from U.S. court orders issued as part of the creditor’s collection efforts. [read post]
27 Jul 2009, 1:30 pm
Following today's auction for Delphi Corporation's assets, at which it appears that Delphi's debtor-in-possession lenders submitted a successful credit bid, Platinum Equity released the following statement:Delphi Corporation's Debtor in Possession Lenders presented a Credit Bid thatvalued their credit claims at more than $3.4 billion and refused to releasetheir liens on Delphi's assets, forcing a conclusion to the auction stage of… [read post]
18 Nov 2016, 10:00 am
Does the bankruptcy trustee (or the debtor in possession in a chapter 11) step into the debtor’s shoes contrary to an express provision in the LLC’s operating agreement restricting transfers by members and prohibiting a transferee or assignee of a member from becoming an LLC member without the other members’ consent? [read post]
18 Nov 2016, 10:00 am
Does the bankruptcy trustee (or the debtor in possession in a chapter 11) step into the debtor’s shoes contrary to an express provision in the LLC’s operating agreement restricting transfers by members and prohibiting a transferee or assignee of a member from becoming an LLC member without the other members’ consent? [read post]
3 May 2012, 10:00 pm
If the sale or transfer is voided, the trustee can regain possession of the property, sell it, and use the money to pay the debtor's creditors. [read post]
12 Jun 2010, 6:07 pm
§ 521(a)(6) of the revised bankruptcy code, which provides that an individual chapter 7 debtor cannot retain possession of personal property in which a creditor has a purchase money security interest, unless the debtor, not later than 45 days after the first meeting of creditors, either enters into a reaffirmation agreement under § 524(c) or redeems the property under § 722. [read post]
23 Oct 2012, 10:04 am
Either it throws off the opponent's momentum or it sows a seed of suspicion between the opposing party and it's lawyers But the Debtor in Possession argued that Much Shelist should be disqualified under the plain meaning of the Illinois rules of professional conduct. [read post]
18 Mar 2015, 8:13 am
That section provides: (c) The trustee may not assume or assign any executory contract or unexpired lease of the debtor, whether or not such contract or lease prohibits or restricts assignment of rights or delegation of duties, if— (1)(A) applicable law excuses a party, other than the debtor, to such contract or lease from accepting performance from or rendering performance to an entity other than the debtor or the debtor in possession, whether or… [read post]
16 Apr 2020, 4:14 pm
In connection with their debtor-in-possession financing, Craftworks requested and received approval by the court to pay only “critical expenses” (and, of course, defer post-petition rent and other lease-related expenses) for six weeks of bankruptcy “on ice. [read post]
17 May 2013, 11:59 am
They say "Possession is nine tenths of the law." [read post]
7 Apr 2011, 4:07 pm
My kids are old enough that I don't know either of the players in the 4Kids Chapter 11; neither the debtor and debtor-in-possession, nor the litigant Yu-Gi-Oh! [read post]
22 Mar 2011, 8:58 am
In a large Chapter 11 Case, the Debtor and Debtor-in-Possession have to play "Mother May I" to get almost anything done at first. [read post]
3 May 2012, 12:00 pm
When filing for Chapter 7 bankruptcy there are some asset and property possession issues to be considered. [read post]
23 Mar 2009, 9:03 pm
Section 1114 of the Bankruptcy Code, which provides that a debtor in possession... [read post]
15 May 2013, 7:00 am
When filing for a Chapter 7, debtors want to ensure that they can keep their possessions as they seek a fresh financial start. [read post]
17 May 2007, 1:44 am
Once again, a district court has faced the issue of whether a non-exclusive trademark license can be assumed by a debtor in possession. [read post]
6 Mar 2009, 10:21 am
The debtor-in-possession financing is said to be the largest ever arranged for a company in Chapter 11 bankruptcy. [read post]
17 Mar 2008, 11:37 pm
Congress allows use of exemptions to enable individual bankruptcy debtors to obtain [...] [read post]
