Search for: "Debtors and Debtors in Possession"
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29 Feb 2020, 1:10 am
Interestingly, it does not define the COMI and therefore, determining COMI possesses the greatest challenge. [read post]
27 Feb 2020, 3:25 pm
On the whole, bankruptcy law is very generous towards the debtor as to what property and possessions he can legally retain as his own. [read post]
27 Feb 2020, 9:35 am
2020 promises to be a busy year in Western and Atlantic provinces with a variety of legislative and regulatory changes impacting employers in various ways. [read post]
18 Feb 2020, 9:20 am
It states: Now comes Debtor (s) (sic.) [read post]
17 Feb 2020, 3:18 am
Another interesting feature of Bonanni – CINY was not a money judgment debtor. [read post]
15 Feb 2020, 9:04 pm
According to this press release, Fansler collected rents from mall tenants, failed to deposit the rents into a debtor in possession account, and used approximately $225,000 of the funds for other purposes, concealing them from creditors. [read post]
15 Feb 2020, 3:05 pm
The motion was joined by the creditors committee and one of the debtor in possession's largest debt holders. [read post]
10 Feb 2020, 4:42 am
It can also temporarily halt foreclosure or eviction proceedings, although if your landlord has already secured judgment of possession, it would already be too late even with an automatic stay. [read post]
9 Feb 2020, 11:57 pm
Ideally, you will want the judgement debtor to pay up to prevent their possessions being removed in the first place. [read post]
8 Feb 2020, 2:18 pm
Household items/personal possessions – Price these objects the same way if you were to sell them at a garage sale. [read post]
30 Jan 2020, 1:21 am
And the costs of trying to enforce a court order against impecunious judgement debtors can be high. [read post]
24 Jan 2020, 9:58 am
On December 18, 2019, the New York Department of Financial Services (DFS) issued its Final Regulations detailing the business conduct rules for mortgage loan servicers. [read post]
19 Jan 2020, 12:48 pm
(The title of the classic 1988 sovereign buyback paper by Jeremy Bulow and Kenneth Rogoff, “The Buyback Boondoggle” – where the ones getting the boondoggle are the creditors rather than the debtor). [read post]
8 Jan 2020, 9:20 am
The code mandates that the contractor, to execute the lien, must be in possession of the subject property and the monetary claim must have a nexus to the subject property. [read post]
20 Dec 2019, 7:59 am
One of the preference aspects of this new law requires bankruptcy trustees and post confirmation trustees and debtors in possession and others who initiate preference actions to: consider, before commencing suit, an alleged preference recipient’s statutory defenses based on “reasonable diligence in the circumstances; and taking into account a party’s known or reasonably knowable affirmative defenses. [read post]
30 Oct 2019, 9:53 am
Einsele: The Law Applicable to Third-Party Effects of Assignments of Claims – A Critical Interjection Regarding the Commission’s Proposal Claims are relative rights against the debtor. [read post]
29 Oct 2019, 10:00 am
Second, Congress must possess the constitutional power to abrogate, meaning it enacted the legislation under an enumerated power that allows it to abrogate sovereign immunity. [read post]
24 Oct 2019, 7:00 am
Fulton 19-357Issue: Whether an entity that is passively retaining possession of property in which a bankruptcy estate has an interest has an affirmative obligation under the Bankruptcy Code’s automatic stay, 11 U.S.C § 362, to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition. [read post]
20 Oct 2019, 8:01 pm
In its judgement, the ECJ held that the interest withholding tax exemption applies solely when the recipient of the interest is the actual economic owner and possess full dominion and control over the interest, with the power to determine its final enjoyment, use and destination. [read post]
7 Oct 2019, 7:46 am
A very common example of such is garnishment of a debtor’s wages from his employer, or garnishment of a debtor’s bank account. [read post]
