Search for: "Debtors and Debtors in Possession"
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31 Mar 2015, 12:14 pm
A disclaimer by a devisee against whom there is an outstanding judgment will prevent the creditor from reaching the property the debtor would otherwise inherit. [read post]
30 Mar 2015, 3:00 pm
Specifically, property of the estate in the converted case consists of “property of the estate, as of the date of filing of the petition, that remains in the possession or is under the control of the debtor on the date of conversion. [read post]
30 Mar 2015, 5:45 am
It is inexpensive and quick for us to file paperwork in Toronto and it is both easy and inexpensive to travel the two blocks to the courthouse for appearances (which is required only very rarely since few debtors ever contest these lawsuits). [read post]
27 Mar 2015, 8:39 am
The trial court stated that, “[a] debtor may owe money without being delinquent. . . . [read post]
18 Mar 2015, 9:01 pm
There are times when I despair that the United States will never return to the common sense religious liberty principles established by the Framers and respected by the Supreme Court in its long line of First Amendment, free exercise decisions. [read post]
18 Mar 2015, 8:13 am
That section provides: (c) The trustee may not assume or assign any executory contract or unexpired lease of the debtor, whether or not such contract or lease prohibits or restricts assignment of rights or delegation of duties, if— (1)(A) applicable law excuses a party, other than the debtor, to such contract or lease from accepting performance from or rendering performance to an entity other than the debtor or the debtor in possession, whether or… [read post]
18 Mar 2015, 8:13 am
That section provides: (c) The trustee may not assume or assign any executory contract or unexpired lease of the debtor, whether or not such contract or lease prohibits or restricts assignment of rights or delegation of duties, if— (1)(A) applicable law excuses a party, other than the debtor, to such contract or lease from accepting performance from or rendering performance to an entity other than the debtor or the debtor in possession, whether or… [read post]
11 Mar 2015, 10:55 am
One reason for the Commission’s recommendation was “the perceived value in maintaining some type of gating feature to vet those contracts that a debtor in possession could assume, assign, or reject in the chapter 11 case. [read post]
6 Mar 2015, 8:16 am
As the ACLU documented in our report on debtors prisons, courts across the country illegally imprison people — who may be homeless, unemployed, or simply too poor to pay – simply for failing to pay legal debts. [read post]
4 Mar 2015, 8:16 am
The first is whether a bankruptcy court has power under Article I of the Constitution to determine, where an issue of state property law is involved, that property in the debtor’s possession belongs to the bankruptcy estate. [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]
2 Mar 2015, 9:56 am
Civil litigators know that the impending bankruptcy of an opponent is bad news for any lawsuit that’s ongoing or in the works: Bankruptcy operates as an automatic stay of any state-court litigation against the debtor until the bankruptcy gets resolved. [read post]
24 Feb 2015, 11:37 am
§ 727(d)(2) because the debtor knowingly and fraudulently took possession of proceeds from a $150,000 EEOC award, failed both to notify the Trustee that the funds had arrived and to turn the funds over to the Trustee as required, [...] [read post]
12 Feb 2015, 10:44 am
The debtor-in-possession has the right to engage in litigation, negotiate contracts and seek and accept loans. [read post]
6 Feb 2015, 8:16 am
At 11:00 am today in Daware, Radio Shack will request emergency relief pursuant to several "first-day" motions, inckuding approval of debtor-in- possession financing and authority to use cash collateral and pay pre-petition wages. [read post]
6 Feb 2015, 8:16 am
At 11:00 am today in Daware, Radio Shack will request emergency relief pursuant to several "first-day" motions, inckuding approval of debtor-in- possession financing and authority to use cash collateral and pay pre-petition wages. [read post]
6 Feb 2015, 8:16 am
At 11:00 am today in Delaware, Radio Shack will request emergency relief pursuant to several "first-day" motions, including approval of debtor-in- possession financing and authority to use cash collateral and pay pre-petition wages. [read post]
29 Jan 2015, 10:33 am
Once a debtor files for bankruptcy, his or her home and other possessions become part of their bankruptcy estate. [read post]
28 Jan 2015, 12:34 pm
Technically all of your assets belong to your "Chapter 7 estate" as soon as you file your case, although in most cases you keep possession of it all at that point. [read post]
23 Jan 2015, 4:17 am
Proposed Recommendations to Resolve Case Law Splits: The standard of review applicable to the appointment of a chapter 11 trustee under section 1104; The permissibility of cross-collateralization and roll-up provisions in postpetition financing facilities; The proper use of the doctrine of necessity in chapter 11 cases; The ability of drop shipment transactions to qualify for administrative claim treatment under section 503(b)(9); The interplay between the priority afforded to wage claims under… [read post]
