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3 Jun 2016, 2:02 am
Where an acceleration clause affords the creditor the right of election to claim the full amount outstanding on the default by the debtor, the debt only becomes due when the creditor elects to enforce the acceleration clause. [read post]
28 Feb 2010, 10:48 am
In a recent legal update, McGuireWoods LLP, a large national law firm with a noted corporate restructuring practice, provided an update on the issue of credit bidding by secured creditors in section 363 asset sales in chapter 11 bankruptcies. [read post]
2 Jan 2011, 11:48 pm
Thus, ABCs are only available to corporations and LLCs, and only make sense if the owners have not signed personal guarantees, which many creditors require for small business credit. [read post]
23 Oct 2012, 8:35 am
The primary dispute is often whether the claims held by the petitioning creditors are in bona fide dispute. [read post]
23 Aug 2016, 5:00 am
As written before, city cases now have classes of general unsecured creditors. [read post]
11 Oct 2012, 11:26 am
Garnishment is an option for a creditor for any type of debt that results in a judgment in favor of the creditor. [read post]
22 Oct 2010, 7:53 am
In the catalog of monies owed, classify each creditor by the following: secured, unsecured, and priority debts. [read post]
13 Nov 2017, 11:05 am
London court rules that trusts created by former Russian senator were created to avoid creditors. [read post]
2 Jun 2009, 10:27 pm
Federal law says creditors can't take Social Security, disability, veterans' and children's survivor benefits to pay a debt. [read post]
30 Mar 2017, 11:31 am
The “homestead exemption” prevents the court from seizing and distributing that property to any creditors or the Court which may exist as equity in a personal residence. [read post]
21 Mar 2010, 2:38 am
If you are contractually obligated to pay your creditor money, then it is hunky-dory for purposes of bankruptcy. [read post]
23 Jul 2007, 4:24 pm
Or is earmarking an affirmative defense which must be proved by the creditor? [read post]
5 Apr 2012, 6:24 am
A Fraudulent Transfer occurs when you transfer an asset to put it outside the reach of a creditor. [read post]
3 Jul 2008, 2:10 pm
They promise that they will compromise with your creditors for a sizable discount and all will be well with the world. [read post]
17 Sep 2012, 7:25 am
A creditor gets a charging lien against distributions from a limited partnership to the debtor limited partner. [read post]
16 Nov 2015, 10:40 am
“conjectural” creditors. [read post]
24 Jun 2012, 10:50 pm
., 2012 BCCA 258 (“Freeway”), the British Columbia Court of Appeal Court held that a company’s financial statements are capable of confirming a creditor’s cause of action against the company and extending the creditor’s time for commencing an action under the Limitation Act, R.S.B.C. 1996, c. 266 (the “Act”). [read post]
13 Mar 2008, 8:46 pm
This has been much consternation about how to calculate the effective interest to creditors to be paid through Chapter 13 plans since BAPCPA passed in 2005. [read post]
3 Jul 2012, 3:53 pm
., 2012 BCCA 258 (“Freeway”), the British Columbia Court of Appeal Court held that a company’s financial statements are capable of confirming a creditor’s cause of action against the company and extending the creditor’s time for commencing an action under the Limitation Act, R.S.B.C. 1996, c. 266 (the “Act”). [read post]
4 Sep 2014, 2:08 pm
Doesn't the existence of the grand bargain make it easier for the creditors to come in and say, "Look, everyone -- even the museum itself -- acknowledges that the art isn't really held in any sort of legally cognizable trust, it cannot simply be removed from the bankruptcy process, there has to be a price to the removal ... and this price is too low. [read post]
