Search for: "Debtors and Debtors in Possession"
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20 Feb 2012, 5:21 am
The debtor is Roberta Boyle, who lives in the disputed homestead in Lowell, Mass. [read post]
17 Jan 2010, 7:55 am
This was vital to the debtor because under the Bankruptcy Code, a “custodian” must give back to the debtor, or the trustee as the case might be, any property which it may have in its possession on the day the case is filed. [read post]
29 Jun 2011, 8:57 pm
And while its sequel possessed more oomph, the Important Notion is in the first installment.To earn dough-to-buy-a-car-to-win-a-girl, Pater Parker attends an open-challenge wrestling match. [read post]
5 Apr 2010, 7:31 am
There are several options that a debtor may take to ensure they keep their home. [read post]
11 May 2007, 7:02 am
Gordon denying a Motion to Reconsider filed by Appellant-Debtors John S. [read post]
20 Jun 2011, 5:54 am
The booksellers debtor-in-possession financing from GE Capital gave the company 210 days from its Feb. 16 Chapter 11 bankruptcy filing to choose which locations to close. [read post]
3 May 2008, 7:38 am
App. 191, 483 S.E. 2d 357 (1997), the Georgia court concluded that when, under the Bankruptcy Code, a Chapter 7 Trustee acquires a debtor's tort claim, the Trustee becomes the real party in interest and alone possesses the right to pursue the claim. [read post]
29 Oct 2018, 3:07 pm
Following up on my earlier blog post that included post-judgment Interrogatories, whereby a judgment holder can require a debtor to answer certain questions about the debtor’s assets and wages, a judgment holder can also request that the debtor turn over documents. [read post]
13 Oct 2021, 10:40 am
Whenever a debtor cannot pay a debt, the creditor may secure payment through a claim or charge on the debtor’s property. [read post]
20 Oct 2010, 2:33 pm
A petition mill scheme is a scenario where a debtor may involve a third party to avoid a financial crisis and the third party files for bankruptcy and without the debtor's knowledge. [read post]
21 Jun 2019, 9:32 am
The Court rejected the City's arguments in favor of repealing Thompson or recognizing a stay/turnover exception for the City to maintain its possessory lien on impounded cars by keeping, well, possession. [read post]
22 Mar 2021, 5:55 am
Legalist, a San Francisco-based litigation finance company that uses technology to scour court dockets and determine the best cases in which to invest, is now expanding into bankruptcy, raising $50 million for a fund to provide debtor-in-possession financing to small businesses in bankruptcy. [read post]
27 Aug 2014, 3:24 pm
In general, the finance company will allow the debtor to obtain possession of the vehicle, without upfront payment for towing and storage fees. [read post]
18 Apr 2017, 8:45 am
You can still take advantage of the Florida Homestead Exemption and protect up to $125,000 of the equity in your home per Debtor. [read post]
9 Mar 2021, 9:00 am
The Seventh Circuit affirmed, concluding that by retaining possession of the debtors’ vehicles after they declared bankruptcy, the City had acted “to exercise control over” the debtors’ property in violation of the automatic stay. [read post]
17 Jun 2010, 10:02 am
In a chapter 13 proceeding the debtor, if they are able to make the current monthly payments, can repay the arrears in the chapter 13 plan, allowing them to remain in possession of the vehicle. [read post]
21 May 2019, 7:15 am
” For her, that outcome “reflects a general bankruptcy rule: The estate cannot possess anything more than the debtor itself did outside bankruptcy. [read post]
20 Nov 2013, 11:03 am
Secondly, courts ensured that they were not financially responsible for supporting imprisoned debtors by devising a scheme with the wakils to provide an allowance for debtors derived from their own sequestered possessions. [read post]
1 Apr 2014, 8:14 am
Section 545 provides: The trustee may avoid the fixing of a statutory lien on property of the debtor to the extent that such lien— (1) first becomes effective against the debtor — (A) when a case under this title concerning the debtor is commenced; (B) when an insolvency proceeding other than under this title concerning the debtor is commenced; (C) when a custodian is appointed or authorized to take or takes possession; (D) when the… [read post]
25 Sep 2017, 11:19 am
In fact, insolvency is among the many factors—“badges of fraud”—that a court may consider in determine whether a debtor possessed the requisite intent to hinder, delay or defraud. [read post]
