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25 Nov 2019, 11:00 am
For the symposium on David S. [read post]
25 Nov 2019, 10:05 am
Bankruptcy was designed to help people and businesses get financial relief from their creditors. [read post]
24 Nov 2019, 8:41 pm
photo from an unrelated press conference at the SPC As discussed in two blogposts in 2018, the Supreme People’s Court (SPC) has a yearly plan for drafting judicial interpretations, as set out in its 2007 regulations on judicial interpretation work. [read post]
24 Nov 2019, 8:41 pm
photo from an unrelated press conference at the SPC As discussed in two blogposts in 2018, the Supreme People’s Court (SPC) has a yearly plan for drafting judicial interpretations, as set out in its 2007 regulations on judicial interpretation work. [read post]
24 Nov 2019, 8:15 am
We doubt such an announcement could be legally binding on creditors. [read post]
24 Nov 2019, 7:02 am
In lay man’s terms, a bankruptcy Preference is simply when you “prefer” one creditor over another creditor. [read post]
23 Nov 2019, 4:16 am
Upon the filing of a bankruptcy petition, the “automatic stay” found in Section 362 of the Bankruptcy Code forbids various creditor actions including, per Section 362(a)(4), “any act to create, perfect, or enforce any lien against property of the estate” – but contains an exception in Section 362(b)(3) for any act to perfect an interest in property “to the extent that the trustee’s rights and powers are subject to such perfection under Section… [read post]
22 Nov 2019, 8:03 pm
Detinue orders the defendant to surrender the property to the creditor because they are wrongfully withholding it. [read post]
22 Nov 2019, 2:31 pm
Unsecured debt is any debt that is not tied to a physical asset, therefore preventing creditors from collecting collateral. [read post]
22 Nov 2019, 12:53 pm
How did the TRID Rule affect the way creditors disclose information to consumers? [read post]
21 Nov 2019, 2:59 pm
Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP As a judgment holder, it goes without saying that attempting to collect upon that judgment can be terribly frustrating, cumbersome, and unfruitful. [read post]
21 Nov 2019, 2:14 pm
Your affected creditors will receive a copy of the court’s order. [read post]
21 Nov 2019, 1:00 pm
The Bureau plans to examine whether it should (1) permit adjustments to a loan originator’s compensation in connection with originating state housing finance authority loans to facilitate the origination of such loans, and (2) permit creditors to decrease an originator’s compensation due to the originator’s error “to provide clearer rules of the road for regulated entities. [read post]
21 Nov 2019, 11:49 am
In our view, each agency should adopt a rule that provides loans funded by a bank in its own name as creditor are fully subject to Section 85 or Section 27(a) and other provisions of the NBA, HOLA or FDIC Act, as applicable, for their entire term. [read post]
21 Nov 2019, 11:45 am
“David is a key member of our Bankruptcy, Restructuring and Debtor-Creditor Rights Practice Group. [read post]
21 Nov 2019, 8:19 am
While it appears that the independent exercise of the Article 59 power under Article 59(l)(a) may only be exercised in relation to internally-issued minimum requirements for own funds and eligible liabilities (MREL), it is less clear whether the power may be used in relation to externally-issued MREL when used in combination with other resolution actions; expanding the scope of Article 59 calls into question the distinction between the mandatory conversion of capital instruments to use their loss… [read post]
20 Nov 2019, 6:00 am
Fees and Interest: Bankruptcy trustees gain a percentage of liquidated assets, as well as all the money they distribute to your creditors. [read post]
19 Nov 2019, 12:01 pm
Creditors of Lenny Perry’s Produce, Inc. v. [read post]
19 Nov 2019, 2:00 am
Access on appeal argued that the merger doctrine was inapplicable as Platt was the borrower and Access, a corporate entity separate from Platt, was the creditor of the judgment. [read post]
18 Nov 2019, 3:18 pm
The Discussion Paper addresses a number of aspects of corporate criminal liability, including:• the principled division between criminal offences and civil penalty provisions; • the method for attributing criminal liability to corporations; • individual liability for corporate offences; • deferred prosecution agreements; • penalties and the sentencing process; • illegal phoenix activity (deliberate liquidation with the intent to avoid creditors and continue… [read post]
