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11 May 2010, 10:39 pm by Randall Reese
 At that time, it was expected that Delphi's plan of reorganization would provide a full recovery to unsecured creditors, which would result in preference actions being resolved and never pursued. [read post]
15 Sep 2008, 3:05 am
One of the directors (Mr Irving) claimed defences under Section 588H, s.1317S and s.1318 Corporations Act. [read post]
22 Sep 2014, 3:30 am by Peter Mahler
In effect, the statute allows the petitioner to assert within the dissolution proceeding claims on the corporation’s behalf for monetary recovery against the controller without having to bring a separate, shareholder’s derivative action. [read post]
11 Mar 2015, 4:21 am by Kevin LaCroix
As the Cadwalader law firm put it in its memo about this decision, this case shows that “the risk that officers and directors of not-for-profit corporations may be personally liable fo [read post]
8 Jun 2021, 2:39 pm
  Lyngaas also fails to point to any other telling signs of undercapitalization, such as leaving creditors unpaid or using Curaden USA as the parent company’s bank account. [read post]
19 Dec 2010, 3:02 pm by Richard Posner
In a bankruptcy, the assets of the bankrupt firm are sold and the proceeds distributed among the creditors, or the creditors’ claims are converted to equity and the creditors thus become the firm’s owners, the shareholders being wiped out. [read post]
5 Apr 2011, 5:09 am
The Official Committee of Unsecured Creditors brought an adversary proceeding on behalf of the Conveying Subsidiaries seeking recovery of the settlement funds received by the Transeastern Lenders in the July 31 Transaction.  [read post]
12 Nov 2008, 8:27 am
Just as it makes no sense to ask one bankrupt corporation to bailout another, it makes no sense to have a government itself in serious debt borrow more money in order to assist an economy that is debt-stricken. [read post]
3 Jan 2012, 6:15 am
  The Hospital continued to carry the accounts receivable on its own books, as a corporate asset; it told other creditors that Daiwa had a security interest in the receivables, which is of course the sort of structure that makes the payments amenable to a preference-recovery action whether or not the receivables are remitted to a lockbox at a bank. [read post]
20 Oct 2009, 1:13 am by Asbestos Litigation
After 1848, for ten years, the personal corporate management of Monagas and his uneasy alliance with the Liberal Party allowed him to become, they and their faithful in large landowners. [read post]
16 Jul 2009, 9:35 am
., which in turn is a subsidiary of American Leisure Group, Limited (a British Virgin Islands corporation). [read post]
3 Sep 2021, 6:28 am by Shannon O'Hare
Creditors who grant and/or carry out servicing activities for certain mortgage loans (where debtors are individuals), are required to register with the BoS. [read post]
15 Jul 2009, 5:20 am
Mom is severely injured but makes a reasonable recovery and $250,000 in medical bills. [read post]
7 Nov 2019, 9:42 am by James Vann
We'll discuss how to maximize recovery of finance charges and attorneys fees. [read post]