Search for: "Debtors and Debtors in Possession"
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31 Oct 2018, 12:19 pm
You will then have a standard judgment enforceable through standard methods such as a writ of seizure and sale, a writ of possession, or a writ of sequestration, all of which basically boil down to two things: (1) can a sheriff (or whatever you call the government official with the power to enforce court orders) find the medium where the judgment debtor keeps the private keys to bitcoin in question, or if all else fails (2) can the judgment creditor prove contempt of court and… [read post]
30 Oct 2018, 11:00 am
Delaware Case No. 17-12560-KJC) has overruled the final objection to the Chapter 11 Liquidation Plan (“Plan”) for the Woodbridge Group of Companies, LLC and its affiliated debtors in possession (collectively, “Woodbridge” or the “Debtors”). [read post]
29 Oct 2018, 3:07 pm
Following up on my earlier blog post that included post-judgment Interrogatories, whereby a judgment holder can require a debtor to answer certain questions about the debtor’s assets and wages, a judgment holder can also request that the debtor turn over documents. [read post]
24 Oct 2018, 6:26 am
See In re Failla, 838 F. 3d 1170 (11th Cir. 2016) (“We also agree with the bankruptcy court and the district court that ‘surrender’ requires debtors to drop their opposition to a foreclosure action”). [read post]
24 Oct 2018, 6:26 am
See In re Failla, 838 F. 3d 1170 (11th Cir. 2016) (“We also agree with the bankruptcy court and the district court that ‘surrender’ requires debtors to drop their opposition to a foreclosure action”). [read post]
18 Oct 2018, 4:11 pm
And if the company is in bankruptcy, the debtor in possession or trustee may want to preserve the assets for claims against the estate, as opposed to lower priority indemnity claims or non-indemnifiable claims against individual insureds such as board members. [read post]
18 Oct 2018, 7:04 am
Tempnology, LLC, 17-1657 Issues: (1) Whether, under Section 365 of the Bankruptcy Code, a debtor-licensor’s “rejection” of a license agreement—which “constitutes a breach of such contract,” 11 U.S.C. [read post]
19 Sep 2018, 7:00 am
If they are filing for Chapter 11 bankruptcy, then their business remains in control of its possessions and assets. [read post]
17 Sep 2018, 3:29 pm
And then we have: I would have had the federal government provide debtor-in-possession financing, allowed qualified private institutional investors to bid on the assets thereby letting markets set the valuations, with the government picking up the rest. [read post]
17 Sep 2018, 8:03 am
Badges Of Fraud Under UFTA, in determining whether one possesses specific intent to engage in an actual fraudulent transfer, a reviewing court may consider whether one or more “badges of fraud” exist—namely, whether: The transfer or obligation was to an insider; The debtor retained possession or control of the property transferred after the transfer; The transfer or obligation was disclosed or concealed; The debtor retained possession or… [read post]
13 Sep 2018, 11:00 am
In the paper, I worry that "offloading estate responsiblity while benefitting from debtor-in-possession status, largely free of fear of trustee appointment, again distorts the system's balance and ability to honor public values. [read post]
9 Sep 2018, 11:26 pm
In some situations, people who are owed money are entitled to what is called a ‘lien’ over the debtor’s goods. [read post]
6 Sep 2018, 8:51 pm
In some cases, creditors can file an involuntary bankruptcy on behalf of a debtor. [read post]
5 Sep 2018, 9:47 am
Add in the cost of jailing drivers whose primary fault was failing to pay, and we have a costly debtor’s prison. [read post]
30 Aug 2018, 7:14 am
Unlike a Chapter 7 bankruptcy, in the Chapter 11 reorganization bankruptcy the board and management remain in control of the company’s assets (at least initially) as a “debtor in possession” or DIP. [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 Aug 2018, 12:30 pm
The settlement moots the debtor's claim against the debt collector. [read post]
9 Aug 2018, 6:21 pm
She claims that the Defendants here knowingly misled her and other student debtors about the nature of these obligations. [read post]
24 Jul 2018, 8:29 am
When repossessing a property from a debtor, having a perfected security interest in the property helps you prevent other interested parties from gaining possession of it. [read post]
23 Jul 2018, 4:53 am
CPLR 5225(b) provides that Upon motion of the judgment creditor, upon notice to the judgment debtor, where it is shown that the judgment debtor is in possession or custody of money or other personal property in which he has an interest, the court shall order that the judgment debtor pay the money, or so much of it as is sufficient to satisfy the judgment, to the judgment creditor and, if the amount to be so paid is insufficient to satisfy the judgment, to… [read post]
