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15 Nov 2011, 8:52 pm by Adam Levitin
 Instead, it's what you call a bs transfer of an asset to avoid creditors or when you are or are about to be rendered insolvent. [read post]
22 Mar 2010, 8:30 am by Bob Eisenbach
Bankruptcy Court for the Middle District of Tennessee issued a decision holding that creditors sued for preferences can assert a new value defense based on the goods provided to a debtor in the 20 days before the bankruptcy case was filed. [read post]
26 Mar 2014, 10:19 am by malik
Just because property attached is exempt, the Debtor must bring this to both the Creditor and Court’s attention. [read post]
3 Jan 2008, 6:55 am
 Claims of trust rightfully belong to Bankruptcy estate, where creditor trust could not how distinct and individual damage. [read post]
28 Jun 2012, 6:35 pm
There are numerous considerations for how to take title including taxes, estate planning, avoiding probate and creditor protection. [read post]
22 Feb 2011, 4:37 am
Chapter 13 bankruptcy is a very effective way to reorganize your debts and force creditors to accept a manageable payback plan, often for pennies on the dollar of the debt owed. [read post]
20 Nov 2016, 7:45 pm by Riccardo Petersen
If a company goes into liquidation claims must be lodged and proved within three months as from the conclusion of the second meeting of creditors of the insolvent company. [read post]
20 Aug 2016, 3:16 pm by Scott C. Soady
The personal representative (or executor) of your estate is responsible for gathering and maintaining all of your assets, paying any legitimate creditor claims, and ultimately ensuring all property is distributed according to the terms of your last will and testament. [read post]
7 Aug 2011, 1:19 pm by Buce
Summers, President Obama’s former chief economic adviser who has returned to his previous role as a professor at Harvard, said that exacting a toll from creditors could constrain future growth by discouraging future investments. [read post]
28 Jul 2021, 1:01 pm by Adam Levitin
In the wake of today's House Judiciary Committee hearing, I got a text from an attorney who pointed out that if the Sacklers themselves filed for bankruptcy, creditors could raise non-dischargeability challenges under section 523, including for "willful and malicious injury by the debtor to another entity or to the property of another entity" or, or under section 1141(d)(6) for false claims acts violations. [read post]
31 Aug 2010, 5:12 am
As a consumer bankruptcy attorney, I see first hand how the bankruptcy code and bankruptcy rules play out in the courtroom and creditor's meetings on a daily basis. [read post]
30 Jul 2016, 3:28 pm by Mark F. Anderson
The federal Consumer Financial Protection Bureau has proposed new rules that apply to the debt collectors that collect bills for other creditors. [read post]
4 Apr 2007, 6:48 pm
In late 2005 I participated in an excellent conference at the University of Maryland entitled Twilight in the Zone of Insolvency: Fiduciary Duty and Creditors of Troubled Companies. [read post]
14 Mar 2011, 11:17 am
Every now and then a bankruptcy trustee, who is a fiduciary for Chapter 7 Creditors, makes a mistake. [read post]
3 Jun 2011, 11:23 am by Peyton Biddle
Now whenever a bank is served with a garnishment, the bank must investigate the source of the funds in an account before disbursing the funds in an account to a garnishment creditor. [read post]
1 Mar 2012, 4:28 am
It can be especially agonizing when you're drowning in debt, and the IRS is just one more creditor on the pile. [read post]
12 Jul 2016, 12:15 pm by Mark F. Anderson
Effective last month, collection agencies and debt buyers that report information to the credit bureaus must report the name of the original creditor and may not report debt that did not arise from a contract or agreement to pay, which includes parking fines, parking tickets, and involuntary towing fees. [read post]
24 Jan 2011, 3:43 am
Exemptions are considered in both bankruptcy consumer chapters, but non-exempt property in a Chapter 7 is liquidated and distributed to the debtor's unsecured creditors. [read post]