Search for: "Debtors and Debtors in Possession"
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30 May 2023, 10:26 am
If the debtor has no equity in the property used to secure a debt, the creditor may seek to take possession of the property, and a lift stay motion may allow them to proceed with a foreclosure or repossession. [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]
22 May 2023, 8:21 am
The tenants’ shares of the property must be equal, and the tenants have an equal right to use and possess the entire property. [read post]
13 May 2023, 6:51 pm
This ruling offers some assurance to creditors regarding their rights and may impact negotiations between debtors and creditors during bankruptcy proceedings. [read post]
10 May 2023, 9:01 pm
Debtor-in-possession (DIP) financing is often available. [read post]
8 May 2023, 11:51 pm
Other problems Finally, even if you have a 100% valid claim, and obtain a county court judgement, there is no guarantee your judgement debtor will pay it. [read post]
2 May 2023, 3:21 pm
For a creditor to utilize executory process under Louisiana law, it must possess certain loan documents. [read post]
30 Apr 2023, 9:05 pm
Indeed, it is notable that most debtors that operate like a pegged currency are excluded from chapter 11. [read post]
21 Apr 2023, 5:40 am
In actual fraud cases under Section 548(A), factors that can be used to prove a fraudulent conveyance include (but are not limited to): The debtor transfers all, or substantially all, of its assets; The debtor is facing actual or threatened litigation at the time of the transfer; The debtor retains possession or control of the asset despite the transfer of ownership; The debtor transfers the assets to a newly-formed business entity; and/or, The… [read post]
17 Apr 2023, 12:27 pm
After obtaining possession of the collateral, pursuant to Section 9-610 of the UCC, a secured creditor may dispose of its collateral via a UCC sale, which can be either private or public. [read post]
28 Feb 2023, 5:53 am
(C), 640 B.R. 604 (S.D.N.Y. 2022); Section 362(a)(3) of the Bankruptcy Code provides that a filed bankruptcy petition filed operates as a stay, applicable to all entities, of any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate. 11 U.S.C. [read post]
26 Feb 2023, 6:17 pm
Chapter 13 bankruptcy allows debtors to create a repayment plan to repay their creditors over a three- to five-year period. [read post]
25 Feb 2023, 12:06 pm
” Black’s Law Dictionary (11th ed. 2019) “The primary purpose of the Replevin Act is to test the right to possession of personal property and place the successful party in possession. [read post]
24 Feb 2023, 6:55 am
Bankruptcy Court for the Southern District of Texas granted interim approval of Sorrento’s $75 million debtor-in-possession financing from JMB Capital Partners. [read post]
22 Feb 2023, 12:21 pm
Getting the judge to approve its choice of counsel is only one of the first steps that a debtor-in-possession must take to confirm a restructuring plan. [read post]
21 Feb 2023, 8:00 am
If a debtor had not paid at least 30 percent of the loan, they may be required to pay off the full amount of the loan before they can regain possession of the vehicle. [read post]
21 Feb 2023, 4:04 am
In that case, the court held that a defendant that is subject to personal jurisdiction in New York can be ordered to bring physical property it possesses into New York to satisfy a judgment. [read post]
23 Jan 2023, 8:51 am
That is, rather than having the assurance that they can take possession of property such as a car or home, a creditor will rely on the promise that the amount owed will be repaid. [read post]
15 Jan 2023, 9:54 pm
Using Replevin, Detinue to Repossess Vehicles - This blog discusses the legal avenues that creditors may use to take possession of a vehicle after a debtor has defaulted on an auto loan. [read post]
14 Jan 2023, 9:18 am
In Chapter 11, the debtor usually remains in possession of his assets and continues to operate any business, subject to the oversight of the court and the creditors committee. [read post]
