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13 Jun 2016, 5:49 am
Bankruptcy Court for the Southern District of Florida recently denied a creditor’s motion to compel the debtor to surrender mortgaged property and also denied the debtor’s motion to stay the case, holding that a chapter 7 debtor who indicates surrender of real property in his statement of intention is not obligated to surrender […]Eric Tsai [read post]
13 Jun 2016, 3:00 am
A landlord’s lien used to be superior to other creditors’ claims; however, in New York, it does not arise automatically because a landlord-tenant relationship is created. [read post]
13 Jun 2016, 1:32 am
An acceleration clause that allows a creditor to call in a full debt payable by instalments can be drafted to operate automatically on default by a debtor, or it can allow the creditor an election to accelerate the debt. [read post]
12 Jun 2016, 9:27 pm
This ensures the separation of the members’ savings account funds from the assets of the medical scheme and protects them against creditors. [read post]
10 Jun 2016, 5:24 am
The courts will work with you and your creditors to determine a solution that works for everyone. [read post]
8 Jun 2016, 6:00 pm
Provided below is an abstract of the Article: Spendthrift trusts which shield assets from creditors have been an ongoing problem for the... [read post]
8 Jun 2016, 3:51 pm
It is also about taking care of your creditors. [read post]
8 Jun 2016, 10:00 am
Failing to list creditors: Creditors left out of bankruptcy filings may attempt to reopen cases. [read post]
8 Jun 2016, 7:21 am
They limit what a creditor can take from you. [read post]
8 Jun 2016, 6:51 am
That’s a fraud on creditors. [read post]
7 Jun 2016, 10:51 am
The first $500,000.00 of the successful bid would be paid to the lender, with any remaining sums going to any creditors of the borrower who have appeared in the foreclosure action, and any surplus after that paid to the borrower. [read post]
7 Jun 2016, 5:00 am
Because the assets are out of your reach, they are also protected from the reach of creditors or other threats. [read post]
6 Jun 2016, 6:01 am
Court of Appeals for the Eighth Circuit recently held that two borrowers did not have standing to challenge an allegedly invalid mortgage assignment between creditors, because the borrowers could not show harm fairly traceable to the allegedly invalid assignment. [read post]
After the Hulk Hogan Lawsuit Funding Flap, Is it Time for a Look at Litigation Financing Regulation?
5 Jun 2016, 5:15 pm
In a May 26, 2016 post on his blog on the Burford Capital website, Chris Bogart, Burford’s CEO, tried to draw a distinction between “revenge litigation” and the “large and pretty boring business around commercial litigation,” in a litigation environment, Bogart notes, that includes “insurers (the largest litigation funders around), banks, creditors, investors, and corporate affiliates. [read post]
4 Jun 2016, 4:53 pm
The Employer Retirement Income Security Act of 1974 (ERISA) created a large host of protections for employees, including protections against creditors, except when the creditor is the Internal Revenue Service (IRS) or a spouse or former spouse for debt incurred through domestic relations. [read post]
4 Jun 2016, 9:07 am
It also protects child support, family support and alimony from creditors. [read post]
4 Jun 2016, 8:23 am
(Pix © Larry Catá Backer 2016)On April 12, 2016, the Supreme People's Court circulated its Provisions of the Supreme People's Court on Certain Issues Concerning the Application of the "Company Law of the People's Republic of China" (IV) (Draft for Comments) (最高人民法院关于适用〈中华人民共和国公司法〉… [read post]
4 Jun 2016, 7:37 am
It provided four factors for consideration in making this determination: (1) the prejudice to the government's interest as the result of a partial, rather than a total, sale, (2) whether the third party with a non-liable separate interest in the property would, in the normal course of events ... have a legally recognized expectation that that separate property would not be subject to forced sale by the delinquent taxpayer or his or her creditors, (3) the prejudice to the third party as… [read post]
3 Jun 2016, 4:45 pm
Probably a little closer to their creditors value honestly, but in most cases it doesn’t matter. [read post]
3 Jun 2016, 2:12 pm
Creditors often sell individual debts to third party collection companies whose business is debt collection. [read post]
