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2 Sep 2016, 10:10 am
A “fraudulent,” or more accurately “voidable” transfer, is a transfer by a party (the “debtor”) of some interest in property with the goal or effect of preventing a creditor or creditors from reaching the transferred interest to satisfy their claim or claims. [read post]
13 Jun 2016, 1:32 am
An acceleration clause that allows a creditor to call in a full debt payable by instalments can be drafted to operate automatically on default by a debtor, or it can allow the creditor an election to accelerate the debt. [read post]
24 Oct 2008, 11:17 am
(Approximately 400 creditors have filed claims totaling more than $300 million.) [read post]
26 Feb 2008, 1:34 am
Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd [2008] EWCA Civ 116; WLR (D) 58 “Where a commercial agreement obliged a creditor bank to determine the value of the assets of the defaulting debtor bank at the date of termination, the creditor bank's obligation was to carry out an honest, but otherwise subjective valuation. [read post]
13 Apr 2011, 9:00 am
Cleland) When a creditor has a state court judgment, garnishing the judgment debtor's state income tax refund is a common collection method. [read post]
16 Aug 2011, 11:59 am
If this is the case, this asset might be unexempt property, or at risk of being taken to pay your creditors. [read post]
15 May 2011, 10:15 am
Starting on May 26, 2011, the Seattle 341 Meetings of Creditors slated for Courtroom 7307 will be be held in Courtroom 8206. [read post]
11 Mar 2011, 2:48 am
North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWCA Civ 230; [2011] WLR (D) 80 “A creditor was under a duty to disclose to the surety any contract or other dealing between creditor and debtor which changed the position of the debtor from that which the surety might naturally have expected, but was not under a duty to disclose to the surety other matters relating to the debtor which might be material for the surety to know. [read post]
6 Jun 2007, 3:49 pm
Ahrens represents secured creditors, debtors, creditors' committees, trustees and receivers. [read post]
6 Jun 2007, 3:49 pm
Ahrens represents secured creditors, debtors, creditors' committees, trustees and receivers. [read post]
15 Jul 2008, 1:32 pm
Can I use this monetary settlement to purchase a home without retribution from the creditors? [read post]
1 Apr 2009, 2:05 am
The Commerce Department charged her with embezzling over $230,000 in real estate closing proceeds and using the money to pay off her own creditors or her family members' creditors. [read post]
1 Jul 2011, 2:44 am
White v Davenham Trust Ltd [2011] EWCA Civ 747; [2011] WLR (D) 212 “A guarantor of a debt could not set aside a statutory demand served by a creditor where the creditor had security over the assets of the principal debtor, and so could not serve a statutory demand on the principal debtor because of rule 6.5(4)(c) of the Insolvency Rules 1986, but had the benefit of an unsecured debt owed by the guarantor. [read post]
8 Apr 2011, 3:24 am
Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126 “When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company. [read post]
2 Aug 2011, 8:33 am
The bankruptcy trustee has the role of basically representing creditors and making sure that, when possible, creditors get paid. [read post]
3 Aug 2012, 3:31 pm
The bill sets up a pre-foreclosure process by which a creditor must notify a borrower of his or her right to a loan modification assessment. [read post]
31 Dec 2009, 11:11 am
His diverse insolvency and bankruptcy practice has involved the representation of secured and unsecured creditors, creditors' committees, debtors, trustees, lessors, and purchasers of stock or assets of insolvent entities. [read post]
27 Jan 2011, 12:41 pm
The left over money (disposable income) will be shared between your creditors. [read post]
12 Jul 2012, 2:00 pm
If your parents or friends provided their guarantee to a creditor that they would pay the debt if you could not, they will likely receive a nasty demand letter from the creditor whose debt you discharged. [read post]
6 Jun 2011, 7:33 pm
In a Chapter 13, you make payments pursuant to a plan you craft with your attorney for the benefit of creditors. [read post]
