Search for: "Debtors and Debtors in Possession" Results 501 - 520 of 1,714
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21 Jan 2010, 8:03 am by Mala Mason
Section 547 of the Bankruptcy Code permits a debtor-in-possession in a Chapter 11 (reorganization) case, or a bankruptcy trustee in a Chapter 7 (liquidation) case, to recover certain payments made to the debtor’s general creditors within 90 days (or one year if the payments went to “’insiders’ of the debtors”) prior to the petition filing date for the bankruptcy. [read post]
17 Apr 2018, 8:01 am by Second Circuit Civil Rights Blog
 As a result, the City's policy of shutting off water to collect debs 'divorces itself entirely from the reality of legal accountability for the debt involved' and penalizes not the debtor but an innocent third party with whom the debtor contracted. [read post]
24 Feb 2014, 5:37 am
In a Chapter 7 case, the bankruptcy court appoints a trustee to take possession of the debtor's assets, pay off any creditors to the extent possible, and "abandon" any remaining property back to the debtor. [read post]
23 Jun 2014, 9:07 am
In most cases, debtors can discharge payday loans through a Chapter 7 bankruptcy, or a portion of the debt through Chapter 13. [read post]
23 Jun 2014, 9:07 am
In most cases, debtors can discharge payday loans through a Chapter 7 bankruptcy, or a portion of the debt through Chapter 13. [read post]
3 Jul 2023, 5:10 am by Unknown
Nelson, J.DCounsel for assorted debtors and debtors in possession in the FTX Trading LTD bankruptcy case have filed a complaint alleging, among other things, that an attorney who represented FTX entities in both private practice and then as an employee of FTX engaged in legal malpractice by participating in or otherwise enabling numerous acts of wrongdoing by executives at FTX. [read post]
18 Oct 2016, 6:34 am by Tom Bolt
In the event that the debtor defaults on the loan, the creditor could take possession of that property and sell it to repay the debt. [read post]
22 Feb 2007, 4:26 pm
Alito, Jr. in his dissent, however, said that the U.S. bankruptcy code was unambiguous in its provision and that the debtor possesses a "broad right" to make the conversion to Chapter 13. [read post]
28 Nov 2009, 5:29 am by Tessa Shepperson
The book then goes on to consider the main procedures and services available to a judgement creditor seeking to obtain payment, with chapters on Orders to obtain information - summoning the debtor to face cross examination on his assets) Third party debt proceedings (previously known as garnishee proceedings) - where someone, normally a bank, is ordered to pay money held for the judgment debtor, over to the judgement creditor Charging orders - effectively converting the judgment… [read post]
13 Jul 2009, 2:44 am
Indeed, parts of the Ninth Circuit’s opinion in the Visitalk case suggest that this would be appropriate, particularly the Court’s comments about how a debtor’s status changes upon becoming a debtor in possession, and how an action by a debtor in possession [read post]
17 Dec 2014, 6:36 pm
The Bankruptcy Code provides for an automatic stay as follows: (a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of-- (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the… [read post]
2 Nov 2011, 1:00 pm
Once a voluntary or involuntary petition for relief is filed, you will automatically assume an additional identity of "debtor in possession. [read post]
22 Oct 2012, 7:00 am by Cathy Moran, Esq.
The Chapter 7 trustee made demand on the debtors for the amount of the refund. [read post]
9 Jun 2011, 7:45 am by Cathy Moran, Esq.
The statute, the rules, and the cases are clear that the debtor’s original signature is required on all documents filed with the court as signed by the debtor. [read post]
The elderly parent had deeded the home to the debtor but reserved a "life estate", the right to possess while the parent lived. [read post]
The elderly parent had deeded the home to the debtor but reserved a "life estate", the right to possess while the parent lived. [read post]
15 Apr 2010, 6:24 pm by Jonathan Alper
After the bank forecloses upon and take back possession of the residential lot the property as a whole will no longer be the debtor’s homestead because the bank will have taken the house. [read post]