Search for: "Debtors and Debtors in Possession"
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17 Apr 2012, 10:06 pm
Chapter 13 is very different from chapter 7 since the chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor’s anticipated income over the life of the plan. [read post]
27 Feb 2012, 5:00 am
The filing of the financing statement also creates the ability of the secured party to take possession of the property should the debtor fail on its obligations to the secured party\lender. [read post]
9 Apr 2012, 6:21 am
If the debtor has equity in the homestead, the debtor is not able to claim as much in personal property protection. [read post]
27 May 2015, 4:03 am
If you are faced with fraudulent conveyance claims brought by trustees or debtor-in-possession in the U.S. [read post]
27 May 2015, 4:03 am
If you are faced with fraudulent conveyance claims brought by trustees or debtor-in-possession in the U.S. [read post]
9 Feb 2017, 11:58 am
See this year's appointments.In particular, Chairman Moody's bill reducing low-level marijuana possession to a civil penalty didn't get a vote in 2015 until late in the game, and then in a chaotic, throw-in-the-kitchen-sink type hearing which muddied the issue more than clarified it. [read post]
10 Oct 2013, 8:49 am
¶ 41 Our legislature has enacted a special rule which discourages debtors from unduly prolonging collection lawsuits with obdurate denials. [read post]
20 Jan 2015, 6:07 am
New code provisions might've sped things along, but like, being a debtor-in-possession is totally uncool. [read post]
13 Apr 2008, 7:54 am
In any bankruptcy case in which the debtor remains in possession of his assets under the protection and supervision of the bankruptcy court, the rights of the secured lender in the cash collateral must be respected. [read post]
9 Feb 2009, 5:07 am
Creditor seeking injunctive and extraordinary "in rem" relief had to file adversary complaint, not motion for stay relief.Where a creditor, whose efforts to obtain possession of the Chapter 7 debtor's residence through unlawful detainer proceedings attendant to foreclosure were stayed upon the debtor's bankruptcy filing, sought injunctive and extraordinary "in rem" relief, including a ban on filing future bankruptcy petitions by other persons… [read post]
9 Apr 2018, 7:30 am
The debtor remains in possession and control of his assets. [read post]
9 Jun 2012, 10:00 am
The Court further concluded that since a future interest in real property is descendible, devisable, and alienable to the same degree as estates in possession, the debtors’ interest is therefore an ownership interest and thus exemptible. [read post]
21 May 2010, 7:45 am
The only “unity” involved in a tenancy in common is the possession of the entire property, to which each tenant is equally entitled. [read post]
7 Jun 2012, 12:49 pm
When this happens the asset simply returns to your possession, at which point you could transfer ownership. [read post]
28 Feb 2024, 4:57 pm
The debtor then appealed. [read post]
2 Oct 2015, 9:45 am
The Debtors are seeking the bankruptcy court’s approval of a $20 million debtor-in-possession financing by the Second Lien Lenders that is conditioned on the Debtors’ agreeing to a pre-negotiated plan term sheet, which generally provides that the Second Lien Lenders shall convert their outstanding claims into new first lien secured notes and 100% of the equity in the new company. [read post]
21 Jun 2010, 12:23 pm
Secondary, the Debtor can become subject if a custodian was appointed or had taken possession of the debtor’s property before the petition within 120 days. [read post]
22 Dec 2014, 9:21 am
If a settlement of a claim is expected in the near future, most debtors are better off filing a Chapter 7 case so that they can be free of debt before they obtain possession of a large settlement. [read post]
30 Mar 2015, 3:00 pm
Specifically, property of the estate in the converted case consists of “property of the estate, as of the date of filing of the petition, that remains in the possession or is under the control of the debtor on the date of conversion. [read post]
12 Jul 2021, 7:39 am
See In re Raborn, 470 F.3d 1319, 1323 (11th Cir. 2006) (“[T]he [bankruptcy] trustee succeeds only to the title and rights in the property that the debtor possessed. [read post]
