Search for: "Debtors and Debtors in Possession"
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6 Dec 2007, 2:34 pm
The 2002 decision in In re Shilo Inn, Diamond Bar, LLC, 285 B.R. 726 (Bankr.D.Or.2002)(Perris, J.) addressed the issue of whether the servicer of mortgage loan pools held by securitized mortgage trusts possessed the power to vote the trusts' claims with respect to the debtors' proposed chapter 11 plan of reorganization or whether the claims could only be voted by the trusts' certificate holders. [read post]
23 Aug 2019, 10:01 am
related to the new requirement that prosecutors prove the THC levels in marijuana to secure a conviction for possession. [read post]
8 Jul 2020, 2:06 pm
Pursuant to section 708.120, a judgment creditor may "discover and specify property of the judgment debtor in the third person's possession, and obtain an order, on motion, determining any claim of exemption asserted by the judgment debtor. [read post]
19 Aug 2016, 2:24 pm
See Debtor’s Dilemma: The Economic Case for Ride-Through in the Bankruptcy Code, Amber J. [read post]
23 Aug 2011, 8:33 am
I am pretty lucky to possess such a specialized knowledge base, and feel it is my duty to share it with those that could use it. [read post]
29 Dec 2010, 9:39 am
The bankruptcy court agreed with the landlord, and found that a majority of courts across the country also applied a plain-language interpretation of the statute: the commercial landlord is entitled to immediate possession of the premises if a debtor fails to timely accept or reject an executory lease contract within the time limits given by the Bankruptcy Code. [read post]
26 Apr 2024, 9:04 pm
These are claims to which the debtor in possession should, by all rights, as an estate fiduciary object. [read post]
27 Oct 2011, 2:50 am
., Debtor. [read post]
14 Nov 2023, 2:00 pm
Confidentiality Agreement Between Creditors' Committee and Debtor in Possession Use this template when representing the debtor or the committee in a Chapter 11 case. [read post]
11 Feb 2010, 6:15 am
For example, if a creditor is repossessing your car then the creditor may take possession of the car that is parked in a parking lot or your driveway but may not break into a locked garage to get the car. [read post]
31 Oct 2009, 10:08 pm
Over $22.2 billion of Lyondell's liabilities are listed as being subject to compromise.- Lyondell's cash balance increased by $137 million in September. $170 million in cash was provided by operating activities, but that was partially offset by $135 million in repayments on Lyondell's debtor-in-possession (or DIP) credit facility ($120 million of which was apparently funded through loan repayments by non-debtor affiliates).netDockets has made a complimentary… [read post]
31 Jul 2008, 11:38 am
No. 04-1496-CEC UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NEW YORK the Trustee in Bankruptcy brought an action against defendants "The trustee for a Chapter 7 debtor asserted claims against a law firm for legal malpractice in their representation of the then-Chapter 11 debtor-in-possession. [read post]
19 Sep 2009, 10:48 pm
A creditor holding a lien against the collateral was barred from taking possession of the collateral. [read post]
6 Aug 2020, 3:12 pm
The debts are completely discharged in exchange for a bankruptcy trustee taking non-exempt possessions to sell in order to satisfy at least some of the creditors. [read post]
20 Aug 2017, 8:36 am
We've ended debtors' prisons in Texas. [read post]
21 Aug 2018, 6:00 am
A debtor holding cash in a deposit account may wish or be required to use it as collateral for obligations such as loans, repurchases and derivative transactions. [read post]
17 Oct 2022, 7:37 am
Courts explain, following a discharge in bankruptcy: “[T]he debtor is no longer legally required to pay any debts that are discharged. [read post]
9 Mar 2011, 8:07 pm
And if the typical bankruptcy debtor was asked to disclose all of these without any further guidance, 9 times out of 10, that debtor would certainly be lost. [read post]
19 Jul 2022, 9:12 am
On July 18, 2022, the Texas Southern Bankruptcy Court approved a new debtor-in-possession financing package that includes an option to sell GWG Holding Inc. [read post]
23 Aug 2007, 6:17 am
Defense attorneys countered that these arguments are irrelevant because “adequacy requires that the class representative ‘be part of the class and possess the same interest and suffer the same injury as the class members. [read post]
