Search for: "Debtors and Debtors in Possession"
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2 Sep 2011, 10:08 am
Despite the fact that the debtor no longer lives in the home, and Bank of America has taken possession of the home, Judge Paine concluded, as have other judges facing the same issue, that the law offers no way to force Bank of America to foreclose. [read post]
19 Mar 2012, 7:06 am
He was making the payments and he had possession of the truck. [read post]
30 Apr 2012, 7:53 pm
” Debtor here raises both in tandem. [read post]
13 Sep 2015, 11:00 am
Nor necessary that the foreign debtor contemporaneously possess assets in the enforcing forum. [read post]
8 Jun 2018, 8:55 am
In addition to his work on behalf of debtors and official committees of unsecured creditors, Tom regularly represents secured creditors, trustees, unsecured creditors, and debtor-in-possession lenders. [read post]
15 Mar 2010, 6:03 am
In fact Judge Federman from the Western District of Missouri stated in In re Kathy Kay Tyler, Case No. 09-60916, Although section 1325 authorizes a debtor to surrender property, a debtor cannot force the creditor to take ownership or possession of such property; debtor remains liable for postpetition taxes and hazards on the property until creditor accepts ownership by deed or foreclosure. [read post]
6 Feb 2007, 9:14 am
Here is the abstract:Congress recently enacted amendments to the Bankruptcy Code that possess the overarching theme of cracking down on debtors due to the increasing rate at which individuals have been filing for bankruptcy. [read post]
4 May 2011, 8:05 am
As we started puzzling out the impact of the Chapter 13 debtor’s vesting choice, we asked ourselves whether the vesting choice impacted the bankruptcy estate when a 13 converts to 7. [read post]
12 Sep 2006, 3:50 pm
Debtor also granted Net.Bank a security interest in the underlying leases. [read post]
12 May 2020, 11:50 am
Upon filing the Chapter 11 petition, the company automatically assumes the identity of “debtor-in-possession” (“DIP”) until the debtor’s case is dismissed or converted to a Chapter 7 proceeding (liquidation), or a Chapter 11 bankruptcy trustee is appointed by the court. [read post]
2 Apr 2014, 3:36 pm
In a business case (whether we are talking about a liquidation or reorganization proceeding), the actions of a trustee in bankruptcy (and so also the debtor in possession) often are described as governed by a business judgment rule. [read post]
4 Jan 2012, 2:47 am
A year later, the debtor-in-possession brought a preference action against Roth seeking to recover the $80,000 that the debtor had paid Roth in the months prior to the petition date. [read post]
2 Mar 2015, 3:31 pm
The judgment debtor has the burden of proving this exemption because he or she possesses the facts required to prove that the items are "necessary working tools" for his or her profession, which do not exceed $600 in value. [read post]
23 Sep 2012, 5:00 am
During this process, the trustee takes possession and control of the debtor's assets and property. [read post]
8 Mar 2007, 4:15 pm
Chapter 11 cases are allowed to convert to Chapter 7 as long as the debtor is still in possession. [read post]
5 Aug 2012, 5:15 am
During this process, the trustee takes possession and control of the debtor’s assets and property. [read post]
12 Jun 2012, 9:46 pm
The UCC defines a lease as a transfer of rights to possession and use of goods for a term in return for consideration, but a sale, or creation of a security interest is not a lease. [read post]
12 Mar 2009, 12:14 pm
The divorce judgment can allocate responsibility for debts without regard to who is the named debtor. [read post]
7 Dec 2011, 1:17 pm
Chip's fantasy is that he possesses special Jedi powers and he is able to move his ball about without human intervention. [read post]
25 Aug 2011, 8:38 pm
” That means they each own a separate share of the property that is in and of itself an undivided right to occupy and possess the property as a whole. [read post]
