Search for: "Debtors and Debtors in Possession"
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A guide to interpreting the Small Business Reorganization Act of 2019 without driving yourself crazy
22 Mar 2020, 9:24 am
Property of the estate remains in possession of the debtor in normal circumstances. [read post]
21 Sep 2010, 8:23 am
The Supreme Court said that a debtor with nothing more than a remainder interest subject to his parent’s life estate lacks the right of possession necessary for the Constitution’s homestead exemption. [read post]
17 Oct 2009, 2:25 pm
This important statute prohibits the taking of just about any type of action that improves or advances the position of a creditor after the case has been filed, including but not limited to: The commencement or continuation of any judicial, administrative or other process against the debtor; The enforcement of a judgment that was obtained before the bankruptcy was filed; Any act to take possession or control of an asset of the debtor or the bankruptcy estate; Any… [read post]
12 Mar 2012, 8:58 am
Through an appropriate investigation, the trustee found that the vehicle listed on the Debtor's Schedule B and D was in the possession of the Debtor's ex-boyfriend, and he was making payments on the vehicle. [read post]
7 Jun 2021, 8:23 am
Possession The second reason that notarial bonds are particularly useful in the South African context is that the debtor remains in possession of the movable property even though it has been bonded in favour of the creditor. [read post]
7 Jun 2021, 8:23 am
Possession The second reason that notarial bonds are particularly useful in the South African context is that the debtor remains in possession of the movable property even though it has been bonded in favour of the creditor. [read post]
16 Oct 2020, 8:24 am
The justices also had several questions for Wedoff about the role of § 542, which describes how parties in possession of debtors’ property must turn it over to bankruptcy trustees. [read post]
9 Aug 2011, 11:42 am
The debtor retained possession or control of the property transferred after the transfer; c. [read post]
14 Jan 2011, 6:57 am
The unalterable rule here is if the debtor has title or possession of an asset, it needs to be scheduled somewhere. [read post]
19 Apr 2010, 9:52 am
The functions of a receiver may overlap with those of the debtor-in-possession during a reorganization. [read post]
12 Aug 2010, 7:57 am
A creditors' committee can be an important safeguard to the proper management of the business by the debtor in possession. [read post]
19 Apr 2010, 9:52 am
The functions of a receiver may overlap with those of the debtor-in-possession during a reorganization. [read post]
4 May 2012, 11:17 am
Unfortunately there is a growing problem of lenders that are refusing to take possession of vehicles surrendered in bankruptcy. [read post]
4 Feb 2014, 1:02 pm
Generally, this happens when the transaction is fully completed and recipient has possession of the asset. [read post]
29 Mar 2019, 8:36 am
Possession is 9/10th of the the law, we’ve always been told. [read post]
2 Jan 2012, 4:52 pm
Give up possession to your car and car loan. [read post]
7 Mar 2008, 8:10 am
Indeed, the bankruptcy court found that Cadle had not shown some of the late-produced documents were in the Debtors' possession, or control for that matter, when the deadline elapsed. [read post]
4 May 2010, 2:22 pm
” Some of those include: The transfer or obligation was to an insider; The debtor retained possession or control of the property transferred after the transfer; Before the transfer was made or the obligation was incurred, the debtor had been sued or threatened with suit; The transfer occurred shortly before or shortly after a substantial debt was incurred; and The debtor transferred the essential assets of the business to a lienor who transferred… [read post]
9 May 2011, 2:12 pm
* Getting stuff back from the bankrupt debtor: Within 45 days of a bankrupt debtor’s receiving your product, you may be entitled to demand its return if the sale was an ordinary sale that occurred while the bankrupt was insolvent, and you make your demand while the debtor is still in possession of those goods. [read post]
29 Sep 2011, 10:00 am
She made a fairly decent living, but possessed a large amount of debt. [read post]
