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27 Jul 2020, 11:54 am
,[iv] a creditor trust sued the debtor’s directors and officers, alleging that they had breached their fiduciary duties. [read post]
27 Jul 2020, 11:20 am
., as the holder of 66.8% of the equity interests in the company and 35.2% of the equity interests in Rosehill Operating and party to the company’s Tax Receivable Agreement (consenting creditors). [read post]
27 Jul 2020, 8:05 am
The Fair Debt Collection Practices Act protects your consumer rights from aggressive or abusive creditors. [read post]
27 Jul 2020, 4:35 am
If a creditor has missed a deadline for demanding payment, the creditor will have limited grounds for recovery because you provided notice as required by law. [read post]
25 Jul 2020, 9:53 am
This increase affects not only creditors for unpaid debts but also claims for personal injury cases. [read post]
24 Jul 2020, 2:46 pm
Who will be at the Meeting of Creditors? [read post]
24 Jul 2020, 2:42 pm
May a creditor garnish unemployment benefits in Nebraska? [read post]
23 Jul 2020, 9:30 pm
The case famously concerns fraudulent conveyance, which occurs when a debtor transfers some or all of his assets to a third party with the intent to "hinder, delay, or defraud" the debtor’s creditors. [read post]
23 Jul 2020, 11:32 am
Outside of recessions, reorganization through bankruptcy (with the replacement of management and the allocation of losses to shareholders and creditors) is the appropriate path for troubled businesses that have suffered due to mismanagement and unsustainable debt burdens. [read post]
23 Jul 2020, 7:42 am
Many people mistakenly think that when you file a Chapter 13 Bankruptcy, and make payments back to your creditors, you are paying all your debt in full. [read post]
23 Jul 2020, 5:00 am
Raleigh, NC Business, Construction, & Creditor's Rights AttorneysVaried backgrounds and expertise of dedicated attorneys and staff providing clients with effective and efficient legal advice and representation throughout North Carolina. [read post]
23 Jul 2020, 12:00 am
The receiver may do an end run around a valid lien by having the court enter an order that gives the third party creditor protection. [read post]
22 Jul 2020, 9:01 pm
We all have an idea of what a coup d’état looks like. [read post]
22 Jul 2020, 8:33 am
Parties contribute money to the pot that goes to pay creditors, often victims of some tort. [read post]
21 Jul 2020, 4:33 pm
The receiver is empowered to pursue actions on behalf of the receivership estate to recover assets for the benefit of defrauded investors, victims, and creditors. [read post]
21 Jul 2020, 11:40 am
Further, in assessing whether to retroactively annul a stay, bankruptcy courts have focused on whether the creditor was aware of the bankruptcy petition, and whether the debtor engaged in behavior that was inequitable or unreasonable, or whether allowing the stay to remain intact would be prejudicial to the creditor. [read post]
20 Jul 2020, 2:07 pm
Reaffirmation agreements are often not approved by the court and most creditors accept the retain and pay option. [read post]
20 Jul 2020, 12:48 pm
The CFPB notes in the complaint that Regulation B, the ECOA’s implementing regulation, provides that a creditor shall not make any oral or written statement, in advertising or otherwise, to applicants or prospective applicants that would discourage on a prohibited basis a reasonable person from making or pursuing an application. [read post]
20 Jul 2020, 11:02 am
It prevents creditors from collecting debts from a debtor who has declared bankruptcy. [read post]
20 Jul 2020, 10:11 am
Second, a simple majority of creditors must support reversal. [read post]