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10 Sep 2013, 9:07 pm
Neither the federal judge in the case nor creditors can force the sale of any asset. [read post]
17 Feb 2016, 8:36 am
Most states require a written notice to any known or reasonably ascertainable creditors. [read post]
22 Mar 2016, 4:05 am
As reported by the Wall Street Journal:The plan relies on at least $22 million to repay victims as well as lawyers and other creditors. [read post]
31 Oct 2013, 11:51 am
Because the couple engaged in business dealings that allowed a bankruptcy judge to find an intent to delay, defraud or hinder creditors, the couple lost the right to discharge a $3 million debt. [read post]
11 Feb 2018, 1:13 pm
In attempting to fend off a creditor, it was argued that the property qualified as homestead property and was thus beyond the reach of creditors, and the trial court agreed.Article X, section 4 of the Florida Constitution, which provides protection against forced sale for homestead property, reads in relevant part:There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and… [read post]
28 Mar 2014, 10:14 am
Typically when a debtor files for bankruptcy an automatic stay comes into effect which halts creditors from collecting on their debts from the debtor. [read post]
1 Nov 2012, 7:06 am
The duty is on the creditor to ask the court for such a determination. [read post]
11 Apr 2013, 12:43 pm
This edition also reports on some of our recent representations, including for official committees of unsecured creditors in Chapter 11 cases involving major retailers and others, and our work for Chapter 11 debtors. [read post]
15 Aug 2013, 2:03 pm
As a result, dealing with new creditors in the future will be a much more pleasant experience. [read post]
19 Mar 2013, 11:41 am
However, assets in a living trust are not protected from creditors, and you are subject to income taxes on income earned by the trust. [read post]
6 Jul 2015, 7:52 am
Debt collectors and creditors often use what is called an autodialer to make calls to consumers. [read post]
13 Jun 2014, 5:52 am
He can roll it over into his own IRA, which would retain the exemption, or he can keep it in an inherited IRA, which would not be exempt from creditors. [read post]
15 Aug 2013, 7:07 am
“Because [the original creditors] waived interest, Asset could not retroactively impose interest for the period in which it did not own the accounts. [read post]
19 Mar 2015, 1:10 pm
Section 8.7: May a creditor use a revised Loan Estimate if the rate is locked after the initial Loan Estimate is provided? [read post]
4 Aug 2015, 6:00 am
[National Law Journal via TaxProf Blog] * Simpson Thacher isn't the only Biglaw firm that allegedly blew it when it came to turning hundreds of General Motors' secured creditors into unsecured creditors. [read post]
2 Nov 2012, 6:52 am
In other words, if you want to disinherit your spouse, this is how you accomplish that result.This ruling at least clears the issue in Iowa, for now, as there have been conflicting cases, including one I wrote about a few years ago.An interesting fact that may have played a role in this case--or maybe not--was that the surviving spouse had assigned his elective share rights to a judgment creditor and it was the judgment creditor that was seeking to enforce the elective share… [read post]
14 Jun 2013, 8:14 am
These adversary proceedings are brought by disgruntled creditors who will stop at nothing to make the debtor "pay". [read post]
18 Mar 2013, 9:36 am
The proposed intervenors claim that the trial court erred (1) by not allowing them to intervene, either as a matter of right or permissively, in order to exercise their rights as judgment lien creditors of Parrella, and (2) by rendering judgment in accordance with the stipulation of the parties, which they claim violated their rights as judgment lien creditors. [read post]
3 Apr 2013, 6:26 am
Equity governance and debt governance face partly parallel and partly divergent interests of management, shareholders, debtholders and other creditors, and supervisors. [read post]
Contractors: Beware of Personal Liability for Business Debts, by Andrew L. Richards, Esq. ,11-6-2023
6 Nov 2023, 12:27 pm
Uniform Voidable Transactions Act There are statutes in the New York State Debtor and Creditor Law that provide for personal liability for corporate debts in some circumstances. [read post]
