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9 Aug 2016, 6:24 am
On July 26, 2016, the United States Court of Appeals for the Seventh Circuit broadly affirmed a Wisconsin statute that makes annuities exempt from a creditor’s judgment. [read post]
8 Aug 2016, 11:55 am
However, this rarely occurs as creditors usually do not attend. [read post]
8 Aug 2016, 8:00 am
” The Illinois Appellate Court affirmed the trial judge’s judgment that piercing was proper because the evidence showed that many of these factors were present including inadequate capitalization, the failure to follow corporate formalities, the absence of corporate records on certain significant matters, the commingling of funds, the diversion of assets to the detriment of creditors and the failure to maintain an arm’s length relationship among related entities. [read post]
6 Aug 2016, 2:46 pm
In a stunning continuation of last year’s high profile attempt by bankruptcy trustees to have a portion of a parents contribution to tuition fees returned to the parents own creditors after they have been forced to file for bankruptcy protection, A recent report has shown that colleges and universities have returned at least $276K and … Read more [read post]
5 Aug 2016, 1:17 pm
If a creditor waits too long to sue, the creditor can be barred from ever bringing suit. [read post]
5 Aug 2016, 1:13 pm
But taking the time today to work with experienced estate planning attorneys to make sure your estate planning is optimized to protect your assets from creditors while providing you with flexibility and financial freedom can pay huge dividends (often literally!) [read post]
5 Aug 2016, 12:08 pm
As an example, in a Finnish statutory corporate restructuring, the creditor (security taker) may lose (write-off) its claim, if the IPR is not valued correctly, as the value of the IPR determines the priority of the votes of the creditor. [read post]
5 Aug 2016, 10:41 am
The final rule excludes from the 5,000-loan limit for small servicers certain seller-financed transactions and mortgage loans voluntarily serviced for a non-affiliate, even if the non-affiliate is not a creditor or assignee. [read post]
5 Aug 2016, 6:27 am
Creditors’ Incentives to Monitor: The Impact of CEO Compensation Structure Posted by Francesco Vallascas, University of Leeds, on Friday, July 29, 2016 Tags: Agency costs, Behavioral finance, Debt, Debt contracts, Equity-based compensation, Executive Compensation,Financial institutions, Incentives, Management, Risk-taking, Short-termism, Stock options, Stock performance Refreshing the Board Posted by Steven B. [read post]
4 Aug 2016, 12:25 pm
Herod (the “Herod Declaration”), Halcon has entered into a restructuring support agreement with holders of more than 85% of the total aggregate amount of each impaired voting class of creditors. [read post]
4 Aug 2016, 11:55 am
Business creditors are also often some of the most aggressive. [read post]
4 Aug 2016, 10:53 am
If a creditor is not fully paid off, the corporation remains liable for the unpaid balance. [read post]
4 Aug 2016, 10:00 am
A struggling business can file for Chapter 11 and pay its creditors over time (up to 10 years). [read post]
4 Aug 2016, 5:00 am
Notifying creditors. [read post]
3 Aug 2016, 9:30 pm
[We grateful to Victoria Saker Woeste of the American Bar Foundation (vswoeste@abfn.org) for this full report of an excellent conference. [read post]
3 Aug 2016, 1:39 pm
But like other initiatives undertaken by large institutional actors with complex bureaucracies (for example, the state) and dynamic stakeholder communities (for enterprises--investors, consumers, the state, competitors, creditors and labor), enterprises have scrambled to define and develop consensus about the appropriate architecture for the exercise fo sustainability and the initiatives assigned to that category of enterprise activity. [read post]
3 Aug 2016, 1:00 pm
As the CFPB “understands that it is usual, accepted, and appropriate for creditors and settlement agents to provide a closing disclosure to consumers, sellers, and their real estate brokers or other agents,” the CFPB “is proposing additional commentary to clarify how a creditor may provide separate disclosure forms to the consumer and the seller. [read post]
3 Aug 2016, 1:00 pm
Scott has represented Chapter 7 and 11 debtors, creditors, creditor committees, trustees, court-appointed receivers and other interested parties in bankruptcy cases and bankruptcy litigation. [read post]
3 Aug 2016, 10:00 am
Debt settlement is a process where debtors attempt to negotiate lower payments or loan forgiveness with their creditors. [read post]
3 Aug 2016, 8:05 am
The disclosure would help investors and creditors make informed decisions and also assist the SEC in its oversight and monitoring of banks. [read post]
