Search for: "Debtors and Debtors in Possession"
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17 Oct 2012, 11:42 am
While certain rules and exceptions apply, those parties that file a financing statement first have a superior claim to the possessions of the debtor than those parties that file a financing statement later. [read post]
10 Oct 2012, 7:00 am
There is nothing in the bankruptcy code that forces a lienholder to exercise its security and take possession of collateral. [read post]
9 Oct 2012, 5:01 am
Oxford obtained a writ of possession for the money. [read post]
7 Oct 2012, 12:32 am
The debtor-in-possession then proposes a plan of reorganization that requires the approval of the court and creditors. [read post]
29 Sep 2012, 11:16 am
Trustee’s Office in San Jose does take action against creditors for egregious violations of the Automatic Stay, but here again, the US Trustee’s Office only knows about such violations to the extent that bankruptcy debtors and their attorneys inform them about them. [read post]
27 Sep 2012, 1:47 pm
Supreme Court.BackgroundA trustee (or debtor-in-possession) in a Chapter 11 bankruptcy is typically allowed to assume or reject any of the debtor’s “executory contracts,” which are generally understood to mean those contracts in which material obligations have yet to be performed by each contracting party.Recognizing the difficulty and uncertainty that the rejection of license agreements can cause for licensees of intellectual property, Congress enacted… [read post]
25 Sep 2012, 3:52 pm
His name is Jerry Ashton, a man who possesses a rare combination of occupations – debt collector and mediator. [read post]
23 Sep 2012, 5:00 am
During this process, the trustee takes possession and control of the debtor's assets and property. [read post]
19 Sep 2012, 9:03 am
The debtor retained possession or control of the property transferred after the transfer; c. [read post]
17 Sep 2012, 1:58 pm
Proof of ownership can be shown by establishing that the person is claiming ownership or possession of the vehicle or by showing that the person is someone who exercises control over the vehicle. [read post]
15 Sep 2012, 9:57 am
The reason for such exemptions is to allow debtors to obtain a "fresh start" while still maintaining necessary possessions, such as their house, car, clothing and personal property. [read post]
13 Sep 2012, 9:13 pm
& includes any failure to perform obligs. http://www.bankruptcylitigationblog.com/uploads/file/SanchezvNorthwestAir-8th-Bye-10-14-11.pdf … 8th reminds that per SCOTUS' Reading case, costs incident to bs. operation qualify for admin. priority under § 503(b). http://www.bankruptcylitigationblog.com/uploads/file/SanchezvNorthwestAir-8th-Bye-10-14-11.pdf … SDNY: Mere possession of claimant's property w/out actual use by debtor isn't… [read post]
11 Sep 2012, 8:20 pm
While the initial shock of losing some cherished possessions is disquieting for some debtors, many appreciate the cut-and-dried cleanliness of a straight bankruptcy. [read post]
11 Sep 2012, 6:30 am
The Leucadia and Mel Harris defendants often could not substantiate the claims made in their affidavits of merit because they typically did not possess documentation of the underlying debt, and because they affiant lacked "personal knowledge"[2] of such claims, contrary to what they stated in the affidavit. [read post]
10 Sep 2012, 10:03 pm
Her drug use then escalated to include heroin possession. [read post]
10 Sep 2012, 3:31 pm
When a debt is discharged in bankruptcy, it gives the debtor a fresh slate. [read post]
7 Sep 2012, 7:14 am
Mandel Law Offices had been representing a Debtor in Possession (DIP) in Chapter 11 and sought final payment for Attorneys' fees as well as expenses. [read post]
30 Aug 2012, 11:05 pm
& explicitly described http://www.bankruptcylitigationblog.com/uploads/file/VISTA-BK-SD-AL-MAHONEY-5-29-12.pdf … 9-BAP: §1112(b)(4) is often invoked by bankruptcy courts when a chapter 11 debtor's assets are swiftly being reduced http://www.bankruptcylitigationblog.com/uploads/file/SERRON-BK-NINTH-CIRCUIT-PAPPAS-6-8-12.pdf … 9-BAP: Appellate tribunal only reviews issues argued specifically and distinctly-not summarily-in party's opening brief… [read post]
30 Aug 2012, 3:00 pm
Obtaining possession of such documents, among other things, makes proof of the debt or contract more difficult for the contracting party. [read post]
28 Aug 2012, 12:39 pm
The debtors then filed an action in federal court in Delaware to attempt to invalidate the foreclosure sale ordered by the Utah court. [read post]
