Search for: "Debtors and Debtors in Possession"
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5 Aug 2010, 12:23 am
" In addition, the Purchaser has agreed to provide a debtor-in-possession (or DIP) credit facility of slightly more than $6 million to provide cash to fund the debtors' operations until the sale closes. [read post]
28 Jul 2010, 5:02 am
This person was going through a divorce and, in order to obtain possession of the house, borrowed money from a relative to pay the other spouse. [read post]
30 Mar 2011, 5:42 am
To determine actual intent for fraud, the court looks at certain badges such as 1) transfer of obligation to an insider; 2) debtor retained possession or control of property which was transferred after the transfer allegedly took place; 3) the transfer or obligation was disclosed or concealed; 4) before the transfer was made, the debtor had been sued or threatened with suit; 5) the transfer was of all the assets; 6) debtor absconded; 7) debtor removed or… [read post]
30 Jan 2014, 4:48 pm
Also, they will not work on an existing project since the court can assume or reject an executory contract, but that may not take place for months unless you want to assume it or the contractor can request the court to force you, as the debtor-in-possession, to decide sooner. [read post]
18 Mar 2019, 2:40 pm
When the Debtor filed bankruptcy, it possessed fuel and proceeds from the sale of IPC’s fuel in the form of cash and accounts receivable. [read post]
18 Mar 2019, 2:40 pm
When the Debtor filed bankruptcy, it possessed fuel and proceeds from the sale of IPC’s fuel in the form of cash and accounts receivable. [read post]
18 Mar 2019, 2:40 pm
When the Debtor filed bankruptcy, it possessed fuel and proceeds from the sale of IPC’s fuel in the form of cash and accounts receivable. [read post]
24 Sep 2014, 3:16 pm
The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor. [read post]
24 Sep 2014, 3:16 pm
The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor. [read post]
18 Nov 2020, 11:07 am
The role of a Subchapter V trustee is like that of a trustee in chapters 12 and 13, and a Subchapter V debtor remains in possession of assets and operates its business. [read post]
5 Jun 2012, 5:41 pm
DISCLAIMER: I am an attorney and a CPA, however I am neither your attorney nor your CPA, and therefore no communications between us are covered by attorney-client or accountant-client privilege unless you possess a signed document which states that I currently represent you as an attorney or a CPA. [read post]
4 Dec 2016, 9:10 am
Based upon this reasoning, Judge Sacca held that the automatic stay was not applicable to the landlord’s efforts to recover possession of the property and liquidating its claim against the Debtors. [read post]
14 Oct 2020, 12:09 pm
They argued that “the automatic stay in Section 362(a)(3) of the Bankruptcy Code provides that a creditor may not act to exercise control over a debtor’s property,” and said that maintaining possession, as much as attempting to take possession, should be understood as exercising control. [read post]
30 Jun 2023, 5:42 pm
Access to Debtor-in-Possession Financing Once a company files for bankruptcy under Chapter 11, it gains the opportunity to secure debtor-in-possession financing. [read post]
5 Jun 2009, 2:40 pm
As a result of this standard, it is highly advisable to make sure you keep back ups of your computer and paper records, and that you take steps to ensure that those records are in your possession should you ever need to produce them. [read post]
16 Jul 2010, 1:33 pm
In addition, most people protected their most prized possessions through federal or state bankruptcy exemptions. [read post]
17 Oct 2012, 11:42 am
While certain rules and exceptions apply, those parties that file a financing statement first have a superior claim to the possessions of the debtor than those parties that file a financing statement later. [read post]
25 Mar 2014, 3:59 am
If there is found to be neither property in the possession of the bank belonging to the person garnisheed nor moneys to the credit of that person, the bank need not search further. [read post]
23 May 2012, 9:22 am
" During this process, the trustee takes possession and control of the debtor's assets and property. [read post]
7 Jan 2019, 9:00 am
And you certainly can keep some of your possessions without committing fraud! [read post]
