Search for: "Debtors and Debtors in Possession"
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23 Apr 2020, 9:12 am
” Simply put, F21 asked that it be allowed to keep its assets at, and in essence remain in possession of, leased premises rent-free while stores are closed due COVID-19 orders. [read post]
31 May 2024, 6:31 am
A debtor that continues to operate during its Chapter 11 bankruptcy is referred to as a “debtor in possession. [read post]
11 May 2010, 9:19 am
Concealing assets is when a debtor either neglects to list certain assets in their possession, or attempts to divest himself of all of his assets by transferring them to family members or offshore accounts. [read post]
Bankruptcy Trustee Is Entitled to Pursue Funds From Checks Not Cleared on Day of Filing - In re Ruiz
11 Oct 2011, 6:54 am
Rather, the court found that the checking account was a debt owed by the bank to the Ruizes, and that debt was the estate's property; the bank had actual control and possession of the money. [read post]
13 Jan 2012, 9:52 pm
Chapter 7 Bankruptcy A Debtor can file under Chapter 7 to regain possession of their car, however, the Debtor must be able to make arrangements to bring the account current and to sign a reaffirmation agreement. [read post]
9 Feb 2024, 9:17 am
When a Bankruptcy petition is filed it operates as a stay of virtually all efforts to collect a debt from a debtor or obtain possession or control over property of a debtor. [read post]
24 Jan 2022, 12:42 pm
The mortgage holder may also be able to charge for an appraisal and for any expenses to preserve the house if the debtor is not in possession of the home or is not taking proper care of the home. [read post]
8 Nov 2006, 6:45 am
The petitioner, Robert Louis Marrama, contends that a court may not deny a debtor's requested conversion under the plain language of Section 706(a) of the Code, whereas the respondents suggest that a bankruptcy court possesses the inherent authority to sanction bad faith conduct by denying a conversion. [read post]
29 May 2023, 10:30 pm
It is a tale as old as time—debtors in possession and trustees bring actions to recover pre-petition transfers as preferences under Section 547 of the Bankruptcy Code. [read post]
1 Feb 2013, 1:44 pm
A judge may order that court-approved debtor-in-possession financing in a CCAA proceeding ranks ahead of pension deficit deemed trusts. [read post]
4 Oct 2015, 8:39 am
Unless otherwise directed by the court, the trustee or debtor in possession shall give notice of a proposed abandonment or disposition of property to the United States trustee, all creditors, indenture trustees, and committees elected pursuant to §705 or appointed pursuant to §1102 of the Code. [read post]
11 Mar 2022, 10:49 am
According to court documents and the DOJ, the man originally testified in his bankruptcy hearings that he had deposited all of his earnings and income into a special “debtor-in-possession” account—a requirement of the proceedings for bankruptcy protection. [read post]
12 Apr 2012, 1:11 pm
A judge may reinstate the stay if a tenant got a judgment for possession for not paying rent. [read post]
3 Apr 2016, 5:05 pm
Insured exclusion (in that case, in connection with a claim against a bankrupt firm’s former executives asserted by a creditors’ committee on assignment from the debtor-in-possession). [read post]
3 Feb 2014, 8:00 am
This likely would not apply to construction contracts, although an argument might be made on public works projects that a trustee or debtor in possession cannot assume or assign an executory contract under the California Public Contracts Code. [read post]
29 Jan 2014, 9:38 pm
This likely would not apply to construction contracts, although an argument might be made on public works projects that a trustee or debtor in possession cannot assume or assign an executory contract under the California Public Contracts Code. [read post]
25 Jul 2023, 7:08 am
Corporations do not possess any property that is exempt from execution. 2. [read post]
25 Jul 2023, 7:07 am
Recordation of Judgment Liens Abstract When the debtor possesses real property in Wise County, the abstract of judgment must be documented in that jurisdiction. [read post]
25 Jul 2023, 7:18 am
These prerequisites include: a) The creditor possessing a valid and subsisting judgment against the debtor, with the judgment being deemed final and subsisting from the date of rendition. b) The debtor not having filed an approved supersedeas bond to suspend execution on the judgment. c) The creditor states, based on their knowledge, that the judgment debtor does not possess enough property in Texas that can be executed upon to satisfy the judgment. [read post]
29 Jan 2011, 4:19 pm
Unsurprisingly, the ride-through system proved popular for debtors. [read post]
