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5 Aug 2022, 10:55 am
The purpose of the legislation is to ensure underfunded pension plans with insufficient assets have the means to ensure those pensions are given priority over large creditors’ executive bonus payouts during the insolvency process. [read post]
11th Cir. Holds Failure to File Proof of Claim in Receivership Does Not Extinguish Security Interest
17 Apr 2017, 8:42 am
Court of Appeals for the Eleventh Circuit recently held that a court cannot extinguish a secured creditor’s state-law security interests for failure to file a proof of claim during the administration of an equity receivership over entities involved in a Ponzi scheme. [read post]
12 May 2017, 12:41 pm
Court of Appeals for the Ninth Circuit recently affirmed the Bankruptcy Appellate Panel’s determination that a creditor’s pre-bankruptcy, non-recourse lien on two debtors’ real property is extinguished following a non-judicial foreclosure sale. [read post]
15 Feb 2019, 8:57 am
Exemptions or exempt property in a United States bankruptcy case is where a debtor is permitted to keep certain property from unsecured creditors such as personal belongings, your home, vehicle, tools needed to perform your job, or retirement plans. [read post]
5 Apr 2019, 12:41 pm
As soon as you file your papers, the creditors are legally required to stop trying to contact you to collect the debt. [read post]
28 Apr 2014, 9:25 am
If you have children you may have concerns about their property and whether bankruptcy can assist in keeping them away from creditors. [read post]
8 Jul 2015, 4:10 am
Official Committee of Unsecured Creditors. [read post]
23 Jul 2004, 1:45 am
Friday's New York Times includes articles on the fight over gay marriage leading to the House approving legislation that would prohibit federal courts from overturning parts of Defense of Marriage Act, the influence of a recent high-profile decision on First Amendment and fair trial rights, Loral Space and Communications' statement that representatives of its unsecured creditors had agreed to a [read post]
24 Aug 2021, 10:00 pm
Chapter 11 plans of reorganization provide creditors with recoveries (cash or new securities) in exchange for a release and discharge of all claims against the debtor. [read post]
6 Aug 2019, 12:14 pm
If you are behind in your debt and are getting phone calls and letters from your creditors demanding payments and threatening to take you to court, you may want to consider bankruptcy to eliminate your debt and get a fresh start. [read post]
23 Jun 2008, 9:12 am
The Second Circuit has held that a federal securities receiver may not employ New York Debtor and Creditor Law section 276 to set aside a fraudulent conveyance where he represents only the transferor.In addition, the Court held that a third party who claims a right to certain property held by the receiver is entitled to a jury trial under the Seventh Amendment.The decision in Eberhard v. [read post]
31 Dec 2010, 1:00 am
According to North Carolina law, your employer may be ordered through the court system to garnish/withhold/deduct wages from your paycheck and pay your wages to a Creditor for the following types of debts: taxes, student loans, child [...] [read post]
10 Apr 2008, 4:15 pm
Occasionally, a person facing debt problems will become concerned that an item of property (real estate, a stock account, or other some other valuable asset) might be vulnerable to a judgment creditor, or that such an item could be taken from him or her in a future bankruptcy case. [read post]
20 Dec 2009, 8:11 am
This week she lost her attempt to protect the annuity from her creditors and the bankruptcy trustee. [read post]
15 Feb 2012, 5:28 pm
He handles debt and equity restructuring, complex workouts, assignments for the benefit of creditors, receiverships and foreclosures for a wide range of businesses and financial institutions. [read post]
10 Nov 2008, 3:11 am
They take in money from debtors and pay out money to creditors. [read post]
24 Jul 2009, 2:25 pm
Even if you state your intention to surrender property in your Chapter 7 bankruptcy, the creditor will stilll have to foreclose to relieve you of ownership. [read post]
1 Sep 2011, 7:22 pm
” Similarly, the Florida Consumer Collection Practices Act prohibits not only debt collectors and creditors from using : “profane, vulgar, obscene or willfully abusive language in communicating [...] [read post]
17 Jul 2018, 9:07 am
It means this- it means that in a Chapter 7 Bankruptcy, you do not make payments back to your creditors. [read post]
10 Mar 2005, 2:02 am
[JURIST] The Russian oil company Yukos [corporate website] has taken its recently-dismissed bankruptcy case to US District Court in a bid to hold off creditors long enough for it to appeal. [read post]
