Search for: "Debtors and Debtors in Possession"
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12 Jul 2010, 10:51 am
Title 11 of the United States Code (the bankruptcy code) regulates the bankruptcy proceedings, including what chapter under which a debtor may file, what bills can be eliminated, how long payments may be extended, what possessions can be kept, and all other details concerning the bankruptcy. [read post]
23 Jan 2018, 7:00 am
In this case, a secured creditor should either register a financing change statement or take possession of the collateral within such 30-day period to maintain perfection. [read post]
15 Nov 2010, 8:12 pm
"After the case was dismissed, but before the Trustee got around to finalizing the administration of the estate and returning the money to the Debtor, a Florida judgment creditor ran to state court and obtained a writ of garnishment, requiring the Trustee to turn over the money in its possession belonging to the Debtor to the creditor. [read post]
10 Nov 2010, 12:20 pm
However, a debtor seldom possesses nonexempt funds, either within or without of the bank: a debtor by our definition has little to spare.Thus, the freeze is a meaningless exercise, most often. [read post]
15 Nov 2009, 6:39 pm
The debtor is silent. [read post]
6 Apr 2016, 8:49 am
I have also written about the six-month reinvestment requirement for a homestead exemption after a debtor receives the exempt proceeds from the sale of the debtor’s primary residence. [read post]
6 Apr 2016, 8:49 am
I have also written about the six-month reinvestment requirement for a homestead exemption after a debtor receives the exempt proceeds from the sale of the debtor’s primary residence. [read post]
8 Mar 2008, 11:51 pm
T he garnishee is expected to, in some appropriate manner, properly disclose all relevant facts within his knowledge at the time of submitting an answer concerning his indebtedness to the judgment debtor or concerning money or property of the judgment debtor then in his possession. [read post]
14 Aug 2009, 5:01 pm
Under Chapter 7 bankruptcy, a trustee takes possession of all of the debtor's non-exempt property, liquidates it for cash, and uses the proceeds to pay creditors according to the priorities of the bankruptcy code. [read post]
9 Apr 2020, 7:05 am
The debtor keeps it, notwithstanding judgments or bankruptcy. [read post]
27 Mar 2020, 2:25 pm
The Subchapter V Trustee does not have the broad powers of a Chapter 11 Trustee because he or she does not take possession of property of the estate and responsibility for the operations although, as in chapter 11, a traditional trustee may be appointed if the grounds exist under section 1104, such as fraud or gross mismanagement. [read post]
25 Jun 2013, 9:11 am
Bank C loans money, taking a perfected security interest in collateral through either possession or properly filed financing statement and security agreement. [read post]
27 Mar 2020, 2:25 pm
The Subchapter V Trustee does not have the broad powers of a Chapter 11 Trustee because he or she does not take possession of property of the estate and responsibility for the operations although, as in chapter 11, a traditional trustee may be appointed if the grounds exist under section 1104, such as fraud or gross mismanagement. [read post]
25 Jun 2013, 9:11 am
Bank C loans money, taking a perfected security interest in collateral through either possession or properly filed financing statement and security agreement. [read post]
9 Aug 2021, 2:38 pm
” It’s not confined to acts to collect or enforce a claim or judgment against the debtor, but was designed to ensure that a trustee or debtor in possession maintains control of the estate’s property and to protect against its “dismemberment” in furtherance of an eventual equitable distribution to creditors. [read post]
1 May 2009, 7:39 am
Dicks then made a payment to regain possession but after she again missed a payment, AFN allegedly created a website with the domain name “jenniferdicks.com. [read post]
11 Mar 2010, 6:46 am
Possession of this knowledge is specifically important for a Chapter 7 Bankruptcy. [read post]
5 Mar 2014, 7:48 am
The court may also possess further sanctioning authority under either §105(a) or its inherent powers. [read post]
27 May 2016, 6:50 am
(She was an above-median-income debtor, requiring her to have a 60-month plan.) [read post]
Morris v. Quigley Tells Debtors to Be Careful With the Details of Your Kentucky Bankruptcy Paperwork
14 Mar 2012, 8:35 am
Additionally, the vehicle Debtor owner with her ex-boyfriend was actually in the possession of the ex-boyfriend, and he was making monthly payments on it. [read post]
