Search for: "Debtors and Debtors in Possession"
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Elements of Proof for Fraudulent Transfers in Florida: How to Determine if a Transfer Was Fraudulent
14 Mar 2017, 9:01 am
Retention of possession: The debtor transferred the assets to another person, but retained possession of them. [read post]
26 Jun 2018, 10:49 am
On June 19, 2018, Moody’s published a rating methodology for Debtor-in-Possession Lending. [read post]
9 Apr 2010, 7:20 am
Chapter 11 Again the control of debtors and their assets and properties are used as "debtor in possession (DIP). [read post]
5 Oct 2017, 9:28 am
General Background: One of the core powers of a bankruptcy trustee or debtor-in-possession is the ability to assume or reject executory contracts and unexpired leases. [read post]
5 Oct 2017, 9:28 am
General Background: One of the core powers of a bankruptcy trustee or debtor-in-possession is the ability to assume or reject executory contracts and unexpired leases. [read post]
5 Oct 2017, 9:28 am
General Background: One of the core powers of a bankruptcy trustee or debtor-in-possession is the ability to assume or reject executory contracts and unexpired leases. [read post]
27 Jul 2009, 1:22 pm
The New York Times is reporting that Delphi Corporation has reached an agreement with General Motors and its debtor-in-possession financing lenders which would split Delphi's assets between GM and the lenders (the latter acquiring the assets by credit bidding a portion of their DIP financing claims). [read post]
20 Jan 2021, 6:48 am
In pertinent part, Section 362(a)(3) provides that “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” violates the automatic stay. [read post]
28 Jan 2015, 12:34 pm
Technically all of your assets belong to your "Chapter 7 estate" as soon as you file your case, although in most cases you keep possession of it all at that point. [read post]
24 Mar 2011, 6:30 am
Only after the garnishee (the party possessing the debtor's property to be taken) has been served with the Writ does the debtor receive notice, and it is then up to the debtor to raise his exemptions in a timely fashion and prove them in accordance with the statute or lose the right to the funds. [read post]
11 Feb 2007, 11:32 am
An appeal is now pending in the District Court.What happened to the notion that a debtor's attorney obtains a security interest in the retainer, perfected by possession of the funds? [read post]
30 Sep 2020, 10:28 pm
In a Chapter 11 case, the “debtor in possession” acts as a fiduciary, responsible for accounting for property, examining and objecting to claims, and filing information reports. [read post]
18 Apr 2014, 7:32 pm
Maybe the course did help these couples, or maybe their situations simply got better enough for them to implement financial management techniques they already possessed or had learned through the process of bankruptcy itself (even if they attributed their learning to the course). [read post]
13 Apr 2014, 7:09 am
The District Court noted that all of the issues raised by the debtor in his adversary proceeding related to his assertion that Wells Fargo did not possess the mortgage note and as such belonged in the state court foreclosure case.The District Court explained that court's have broad discretion to abstain under 28 U.S.C. [read post]
10 Nov 2007, 5:20 am
The court reviewed the six characteristics of property held as tenancy by the entireties - unity of possession, unity of interest, unity of title, unity of time, survivorship, and unity of marriage. [read post]
27 Oct 2010, 11:38 am
As a result, the court found that bankruptcy trustees (or debtors-in-possession) do not have standing to bring such a claim on behalf of a bankruptcy estate, even if the claim affects all of the bankrupt entity's creditors. [read post]
27 Oct 2010, 11:38 am
As a result, the court found that bankruptcy trustees (or debtors-in-possession) do not have standing to bring such a claim on behalf of a bankruptcy estate, even if the claim affects all of the bankrupt entity's creditors. [read post]
10 Apr 2012, 11:33 am
Moreover, some secured creditors will not be able to bid at all without credit bidding.Thus, reasoned the industry groups, allowing debtors to deny the right to credit-bid without cause serves no purpose other than to enable debtors to steer their assets to lower bidders favored by debtors’ owners or management, enriching insiders at creditors’ expense. [read post]
21 Apr 2020, 12:52 pm
Because of this fact, the court found that the parties did not intend for Debtor to obtain possession until it had paid for the lumber. [read post]
27 Jul 2011, 6:35 am
A Chapter 7 case like his involves liquidating most of the debtor's possessions, which means Thunberg likely made some sacrifices in order to get his bankruptcy discharge. [read post]
