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30 Oct 2016, 9:28 pm
*Where a sale of a loan is referred to in the context of a Loan Market Association Funded Participation Agreement, the ‘sale’ is not a sale of the loan itself but rather the sale of a bundle of rights as will constitute a relationship of debtor and creditor between, respectively, the Grantor (or seller) (as the debtor) and the Participant (or purchaser) (as the creditor). [read post]
30 Oct 2016, 2:43 pm
Filing an answer will help you avoid a default judgment and allow for you to buy time and force the law firm to produce paperwork from the original creditor showing you owe the debt. [read post]
28 Oct 2016, 2:52 pm
The ships will be allowed to dock and unload their cargo without fear of seizure by creditors. [read post]
28 Oct 2016, 7:41 am
All of this is relevant because the value of the debtor’s assets is the foundation of the best interests of creditors test for Chapter 13 confirmation. [read post]
28 Oct 2016, 3:34 am
It followed that D&D had the right to receive these payments, which therefore fell to be distributed to creditors in D&D’s insolvency, not returned to the customers or paid to Angove at the customers’ direction. [read post]
28 Oct 2016, 1:01 am
While this behavior could have been motivated by the desire to transfer wealth from their creditors (or the government), banks may have been reluctant to cut dividends fearing that dividend reductions would lead to uncertainty about their fundaments, and cause subsequent refinancing problems. [read post]
28 Oct 2016, 1:00 am
Holderness, Boston College, on Tuesday, October 25, 2016 Tags: Boards of Directors, Common-law claims, International governance, Investor protection, Ownership structure,Securities regulation Broadening Noteholders’ Ability to Receive Redemption Premiums Following Indenture Defaults Posted by Gregory Fernicola, Skadden, Arps, Slate, Meagher & Flom LLP, on Tuesday, October 25, 2016 Tags: Bankruptcy, Bondholders, Bonds, Covenants, Debt, Debt securities, Debtor-creditor law,… [read post]
27 Oct 2016, 2:58 pm
§ 23-46: It shall be unlawful for any individual, corporation, or firm or other association of persons, to solicit of any creditor any claim of such creditor in order that such individual, corporation, firm or association may represent such creditor or present or vote such claim, in any bankruptcy or insolvency proceeding, or in any action or proceeding for or growing out of the appointment of a receiver, or in any matter involving an assignment for the benefit… [read post]
26 Oct 2016, 3:01 pm
In addition, the trust can protect assets from the reach of creditors and a divorce proceeding. [read post]
25 Oct 2016, 5:46 pm
The claims of the estates creditors must be paid. [read post]
25 Oct 2016, 12:42 am
Once this is achieved, the debt collector or creditor follows the below process: Applies to court in writing for garnishment; In the application the creditor states that there is a judgement for money to be paid and the debtor has not made the judgement payment. [read post]
24 Oct 2016, 11:58 pm
There are two types of bankruptcy options: Chapter 7 bankruptcy – with this bankruptcy the trustee can sell estate property to repay your creditors Chapter 13 bankruptcy – here you must pay your creditors at least what they would have received had you filed for Chapter 7 bankruptcy. [read post]
24 Oct 2016, 6:25 pm
Bankruptcy -- Claims -- Objections -- Rule 3001(c) objections, asserting that proofs of claim did not attach a copy of writing upon which claims are based, lack merit -- Creditor was not required to prove that its claims are based on an open-end or revolving consumer credit agreement -- Objections to claims, which were scheduled as undisputed in amounts identical to amounts asserted by creditor in its proofs of claim, are not good faith objections -- Objections to claims on… [read post]
24 Oct 2016, 8:57 am
Court of Appeals for the Fourth Circuit recently confirmed that a law firm and its employees, who pursued foreclosure on behalf of creditors, were acting as “debt collectors” under the federal Fair Debt Collection Practices Act (FDCPA) when they pursued foreclosure proceedings against a borrower. [read post]
22 Oct 2016, 7:46 am
They cannot be seized or garnished by creditors. [read post]
20 Oct 2016, 12:27 pm
You must provide your Trustee all financial documentation requested at least seven days before your Meeting of Creditors is held. 30 Days After the Meeting of Creditors: Your Jacksonville Bankruptcy Trustee and your creditors must file any objections they have within 30 days after your Meeting of Creditors has been held. 90 Days After the Meeting of Your Creditors is held: Your creditors must file their Proof of Claim with the Court. [read post]
20 Oct 2016, 10:26 am
Eledge and here is a summary of the relevant facts: Father owned land Father had a son (“Son”) and a daughter (“Daughter”) Father became concerned that his land might be subject to the claims of creditors Father sought advice from Son about how to preserve his land from debts Son retained a lawyer who prepared a quitclaim deed for Father to sign The quitclaim deed transferred half of the land to Son and half to Daughter The quitclaim deed reserved a life estate in… [read post]
20 Oct 2016, 9:27 am
The owner filed for Chapter 13 bankruptcy and named the condominium association as a secured creditor in his bankruptcy plan. [read post]
20 Oct 2016, 6:30 am
For example, fights among the LLC’s own members are far more common than attacks from outside creditors. [read post]
20 Oct 2016, 12:00 am
The forms established by the Commission include, inter alia, the form to be used by the creditor to apply for a EAPO, the forms to be used by the court for the issue and the revocation of a EAPO, and the form to be used by the debtor to apply for a remedy against a EAPO. [read post]
