Search for: "Debtors and Debtors in Possession"
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4 Jan 2017, 2:39 pm
Both require a third party to take possession of a person’s assets. [read post]
11 Apr 2019, 6:08 pm
According to the four bankruptcy fraud charges, Avennati, submitted, under penalty of perjury, monthly operating reports on behalf of a law firm Eagan Avennati a debtor and debtor in possession, that failed to report all of the firm’s accounts receivable. [read post]
25 Jan 2021, 7:30 am
Additionally, existing lenders to bankrupt debtors should be aware that contingent amendments to section 364 also provide that a debtor may obtain a PPP loan notwithstanding cash collateral or debtor-in-possession lending arrangements in place that would otherwise prohibit subsequent borrowing by the debtor. [read post]
29 Nov 2011, 9:35 pm
The garnishor, however, cannot acquire any greater rights against the garnishee than the debtor, himself, possesses. [read post]
27 Oct 2010, 12:56 pm
In fact, as one of the appellees' briefs noted, he has been to lots of schools: In addition to a B.A. in Education, [Debtor] possesses a substitute teaching credential, a real estate sales associate license, [a] law enforcement academy certificate, an associate of arts degree, and a J.D. . . . [read post]
29 Dec 2009, 8:44 pm
Earnings are defined to include compensation received by the judgment debtor, in the possession of the judgment debtor, held in accounts in a bank or any other financial institution, or, in the case of a receivable, compensation that is due the judgment debtor. [read post]
19 Apr 2012, 6:12 pm
Exemptions allow for the first dollars of any asset to remain in the debtors possession throughout the bankruptcy process. [read post]
3 Apr 2016, 1:48 pm
Californians don’t get to protect possessions under the Bankruptcy Code. [read post]
27 Jul 2020, 11:54 am
Zucker, the Sixth Circuit Court of Appeals found an insured vs. insured exclusion applicable to claims brought by a debtor in possession. [read post]
20 Jan 2010, 6:31 pm
" Therefore, BMC is asking the court to order the debtors to immediately pay its outstanding invoices and to either order the debtors to promptly pay all future BMC invoices or allow BMC "to withdraw immediately as the Debtors’ notice and claims agent. [read post]
12 Aug 2009, 7:42 am
Hayes Lemmerz's debtor-in-possession (or DIP) credit facility is structured as $100 million in DIP loan tranches added to the aforementioned pre-petition credit facility. [read post]
30 Apr 2012, 12:00 am
contemporaneous exchange no time period in statute 1, 6, 7 = 10 days ordinary course of business subjective test: made in ordinary course of business or financial affairs of debtor and transferee objective test: made according to ordinary business terms PMSI PMSI must be perfected within 30 days after debtor receives possession of the property or no preference. [read post]
5 Jul 2012, 4:59 am
Collects estate property from the debtor or any third party which might be in possession. [read post]
23 Jan 2012, 10:14 am
Preference actions are when a trustee or debtor in possession sue a creditor for the return of payments made in the 90 days before a bankruptcy. [read post]
6 Sep 2011, 8:52 am
If the landlord has not obtained a state court judgment entitling the landlord to possession of the property and the removal of the debtor then the bankruptcy will stay the eviction proceeding. [read post]
21 Oct 2010, 4:24 am
Analysts said that there is more capital available today and it is easier for companies to obtain debtor-in-possession financing – the most senior loan -- today than it was just two years ago. [read post]
14 Jan 2014, 9:17 am
Moreover, he contends, Saudi law and Shari’ah law obligate a Saudi debtor to fully disclose its assets to its creditors. [read post]
9 Mar 2011, 7:38 am
I could quote, with some stumbling, Section 348 that deals exactly with this issue: the bankruptcy estate on conversion to 7 consists of the property that constituted the estate at filing which is still in the debtor’s possession at conversion. [read post]
27 Jun 2014, 8:09 am
Code § 3439.04(a)(1): In determining actual intent under paragraph (1) of subdivision (a), consideration may be given, among other factors, to any or all of the following: (1) Whether the transfer or obligation was to an insider. (2) Whether the debtor retained possession or control of the property transferred after the transfer. (3) Whether the transfer or obligation was disclosed or concealed. (4) Whether before the transfer was made or obligation was incurred,… [read post]
3 Feb 2009, 2:43 pm
Unlike a Chapter 7 case, where a trustee takes possession of the debtor's assets, Chapter 11 allows the debtor to keep possession throughout the bankruptcy process. [read post]
