Search for: "Debtors and Debtors in Possession"
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15 May 2019, 7:28 pm
This is an important issue, because failure to include an adequate description of collateral in a financing statement can leave a creditor’s security interest unperfected, making it vulnerable to the claims of subsequent secured parties who file complying financing statements and to avoidance by a trustee or debtor in possession if the debtor goes into bankruptcy. [read post]
14 May 2019, 8:36 am
Subject to court approval, and in conjunction with the filing, Cloud Peak Energy has received a commitment for approximately $35 million in debtor-in-possession (“DIP”) financing from certain of the Company’s prepetition secured noteholders. [read post]
7 May 2019, 5:24 pm
On the other hand, Texas does have very debtor-friendly laws. [read post]
5 May 2019, 11:10 am
Texas DPS estimated that roughly 75,000 people per year are arrested in Texas for user-level marijuana possession, as a point of comparison. [read post]
3 May 2019, 10:07 am
TAX AND STAMP DUTY CONSIDERATIONS There are generally no requirements to deduct or withhold tax on payments of interest made by a domestic debtor or guarantor to domestic lenders. [read post]
1 May 2019, 12:43 pm
Article 9 of the Uniform Commercial Code (“UCC”) has become highly technical, reflecting the complexity of modern secured transactions and the intricate relationships of debtors, secured parties and others who have or may have interests in a debtor’s assets. [read post]
1 May 2019, 9:01 am
Bankruptcy Debtor Beware Of Automatic Stay Violators When a debtor files bankruptcy, the creditors to whom they owe money are supposed to stop trying to collect. [read post]
29 Apr 2019, 10:53 am
Debtors would be provided with a notice that the lender is licensed in accordance with the Act. [read post]
29 Apr 2019, 9:21 am
"After Texas reformed its property-theft thresholds in 2015, this category of offenders has accounted for most state-jail felony theft cases, and the second largest number of incarcerated state-jail felons (behind less-than-a-gram drug possession) of all case types.Defining 'undue hardship' would keep people out of debtors prison cycleHB 465 (White): This legislation updates debtors-prison reform legislation from 2017 by defining what "undue… [read post]
24 Apr 2019, 4:04 am
Lorenzen, in which the justices will consider whether, after a debtor receives a discharge in bankruptcy, a creditor’s good-faith belief that collection activity does not violate the discharge protects the creditor from sanctions for contempt. [read post]
23 Apr 2019, 2:00 am
United States: The Court’s final immigration case of the term involves firearms possession. [read post]
16 Apr 2019, 3:12 pm
” And, pursuant to §1692g(b) of the Act, if a consumer disputes the amount of a debt, a debt collector must cease collection until it “obtains verification of the debt” and mails a copy of such verification to the debtor. [read post]
16 Apr 2019, 3:12 pm
” And, pursuant to §1692g(b) of the Act, if a consumer disputes the amount of a debt, a debt collector must cease collection until it “obtains verification of the debt” and mails a copy of such verification to the debtor. [read post]
16 Apr 2019, 2:39 pm
In particular, Swedish administrators have long factored a "buffer" amount into debtor's monthly budgets, a bit of lagniappe to ensure a cushion for unforeseen expenses--and not sequestered in the trustee's possession. [read post]
11 Apr 2019, 6:08 pm
According to the four bankruptcy fraud charges, Avennati, submitted, under penalty of perjury, monthly operating reports on behalf of a law firm Eagan Avennati a debtor and debtor in possession, that failed to report all of the firm’s accounts receivable. [read post]
29 Mar 2019, 8:36 am
Possession is 9/10th of the the law, we’ve always been told. [read post]
28 Mar 2019, 6:19 am
The panel stated that the Bankruptcy Code gives the Trustee or debtor in possession the rights of a hypothetical lien creditor, and that this, in combination with Illinois’ protection for unwitting third parties, would prevent the original creditor from regaining their senior position only if the mistakes were not caught until after the bankruptcy proceeding was closed. [read post]
26 Mar 2019, 9:50 am
Debtors would be provided with a notice that the lender is licensed in accordance with the Act. [read post]
18 Mar 2019, 2:40 pm
When the Debtor filed bankruptcy, it possessed fuel and proceeds from the sale of IPC’s fuel in the form of cash and accounts receivable. [read post]
18 Mar 2019, 2:40 pm
When the Debtor filed bankruptcy, it possessed fuel and proceeds from the sale of IPC’s fuel in the form of cash and accounts receivable. [read post]
