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2 Aug 2022, 7:59 am
Most case law has concluded that new value provided post-petition does not increase the creditor’s new value defense, so it logically follows that post-petition payments to the creditor also do not affect the preference analysis. [read post]
22 Jan 2008, 8:47 am
In either case, the creditor's attorney will have to draft a 1-2 page complaint that alleges a few basic facts: That the debtor has an account with the creditor and that the debtor owes the creditor X amount of dollars. [read post]
16 May 2019, 1:00 am
As we know, the FDCPA does not apply to original creditors. [read post]
8 Dec 2011, 6:45 am
I often put the PR herself on notice in case they have to file a creditor’s claim in the estate for some reason. [read post]
22 Jan 2008, 8:40 am
In either case, the creditor's attorney will have to draft a 1-2 page complaint that alleges a few basic facts: That the debtor has an account with the creditor and that the debtor owes the creditor X amount of dollars. [read post]
22 Jan 2008, 8:42 am
In either case, the creditor's attorney will have to draft a 1-2 page complaint that alleges a few basic facts: That the debtor has an account with the creditor and that the debtor owes the creditor X amount of dollars. [read post]
27 Mar 2009, 4:35 pm
That's a cornerstone of creditor-debtor law. [read post]
1 Sep 2006, 5:55 am
The debtor disputed the debt and detailed billing problems with the creditor. [read post]
7 Feb 2009, 12:45 pm
However, now the article suggests that Charter was sitting on $900 million in cash when it missed its interest payment and avoided payment in order to have enough cash to entice creditors to allow it file a prepackaged chapter 11 with the major creditors on board. [read post]
27 Mar 2009, 2:05 pm
According to the guide, “creditors” also may include retailers that merely “process” credit applications. [read post]
22 Mar 2012, 7:48 am
Set off does not mean that the bank can remove exemptions against debts owed to other creditors. [read post]
25 Oct 2019, 7:32 am
The key is to avoid harm to the other unsecured creditors by doing so. [read post]
18 Apr 2008, 2:20 pm
One of my creditors has just told me they intend to lien my home. [read post]
3 Feb 2008, 8:32 pm
Normally, such transfer would not be a fraudulent transfer against either the husband's or the wife's individual creditors as the T by E account is exempt. [read post]
27 Dec 2011, 6:23 am
The client wanted to know if their creditors could put a lien on their house once the husband was incarcerated and no longer living in his homestead. [read post]
11 Aug 2006, 10:38 pm
No. 1571-N, August 10, 2006 (I don't yet have an online cite), in a typically insightful opinion, Delaware's VC Strine held, among other things, that the directors of a subsidiary did not breach a fiduciary duty to its creditors for taking on debt for the benefit of its parent corporation, which owned 100% of its stock, although the parent and the sub eventually became insolvent. ... [read post]
23 Jun 2010, 9:15 am
Along with an advanced economy, they have implicity acknowledged, goes advanced failure, and a safety valve for treating that failure is a must for disciplining creditors and investors at both the investment and the recovery stages. [read post]
24 Nov 2009, 8:50 pm
Chapter 13, on the other hand, is a repayment plan: You set up a three- or five-year schedule with your creditors. [read post]
1 Nov 2008, 9:25 am
Therefore, if a husband and wife owns IBM stock as entireties property the creditors of only the wife cannot reach her interest in the stock. [read post]
29 Apr 2009, 7:55 am
Although the American Medical Association (AMA) disputed the applicability of the “Red Flags” Rule to physician practices, the FTC, on February 4, 2009, advised the AMA that it considers physician practices to be “creditors” since physician practices regularly defer payment for goods and services. [read post]