Search for: "Debtors and Debtors in Possession"
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28 Nov 2014, 7:54 am
The court looks to the District of Columbia Code, which states that a judgment creditor can attach a “judgment debtor’s goods, chattels, and credits. [read post]
22 Nov 2014, 6:01 am
Holder – proof needed to support deportation of a foreign national who has been convicted in state court of possessing drug paraphernalia Wellness International Network v. [read post]
21 Nov 2014, 5:06 pm
As to an acknowledgment, "it must be a signed written acknowledgment of an existing debt which contains nothing inconsistent with an intention on the part of the debtor to pay it" The parties agree that the burden is on Petitioner, as the fiduciary of the estate, to establish that the loan existed. [read post]
17 Nov 2014, 5:35 am
This provision has been interpreted by courts to give transferee’s a credit for money they expended to maintain the asset while in their possession. [read post]
14 Nov 2014, 2:58 pm
To obtain one, the debtor in possession has to prove to the court that the existing lienholder will be adequately protected after the lien in granted. [read post]
4 Nov 2014, 1:30 pm
Caulkett 13-1421Issue: Whether, under Section 506(d) of the Bankruptcy Code, which provides that “[t]o the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void,” a Chapter 7 debtor may “strip off” a junior mortgage lien in its entirety when the outstanding debt owed to a senior lienholder exceeds the current value of the collateral. [read post]
31 Oct 2014, 11:25 am
Territorial Liquidation” In the Christianapol-case the ECJ had to resolve the conflict between main insolvency proceedings, aiming at the restructuring of the debtor, and secondary proceedings, which must be winding-up proceedings under the European Insolvency Regulation. [read post]
28 Oct 2014, 2:44 pm
In larger cases, a creditors’ committee is appointed with its own attorneys, paid by the debtor in possession, who can approve or disapprove of the plan submitted by the debtor in possession, submit their own plan, or have a plan “crammed” down. [read post]
28 Oct 2014, 1:30 pm
§ 78j(b), the relevant inside information must have been a “significant factor” in the defendant's decision to buy or sell, or whether -- as the court below held -- mere “knowing possession” of inside information suffices for a criminal conviction; (2) whether, in a prosecution for insider trading under § 10(b) of the Securities Exchange Act, 15 U.S.C. [read post]
27 Oct 2014, 2:34 pm
In a U.S. chapter 11, management would have remained in control of the racing teams as debtors-in-possession. [read post]
3 Oct 2014, 7:51 am
His suit claimed that the bank improperly took possession or control of his account, without having obtained the permission of the bankruptcy judge. [read post]
3 Oct 2014, 7:51 am
His suit claimed that the bank improperly took possession or control of his account, without having obtained the permission of the bankruptcy judge. [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]
10 Sep 2014, 9:04 am
The automatic stay goes into effect immediately upon filing, and prevents creditors from contacting the debtor or continuing their collection process. [read post]
10 Sep 2014, 9:04 am
The automatic stay goes into effect immediately upon filing, and prevents creditors from contacting the debtor or continuing their collection process. [read post]
4 Sep 2014, 8:00 am
Ga. 1997) (observing that “[t]he operative phrase in section 1325(a)(5)(C) does not end with the word `property’ but continues with the words `to such holder,’ making it plain that a debtor must at least tender possession or control of the collateral to the creditor[.] [read post]
28 Aug 2014, 11:24 am
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
27 Aug 2014, 3:24 pm
In general, the finance company will allow the debtor to obtain possession of the vehicle, without upfront payment for towing and storage fees. [read post]
17 Aug 2014, 10:16 am
"... was too failure-phobic to drop out, used to say, as we toiled away at document review and the like, that she gladly would have spent the three years she 'wasted' at the law firm to pay off her law school debts instead in a debtors prison, so long as they allowed her sufficient reading material. [read post]
