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31 Mar 2015, 12:29 pm
While local practice may vary, disclaimants should realize that in order to establish the chain of title to real property, and to ward off creditors and bona fide purchasers, the disclaimer may have to be recorded. [read post]
22 Oct 2014, 1:34 pm
The 2nd DCA affirmed the Probate Court ruling that held the former marital home to be entitled to the homestead exemption and that the terms of the MSA did not waive the decedent's right to the constitutional protection from claims of his creditors. [read post]
12 Feb 2014, 9:11 am
Although the creditors are allowed to object to the confirmation of the Chapter 13 plan, there is no voting process as in Chapter 11. [read post]
1 Apr 2024, 11:00 pm
But a week after the plaintiff filed its lawsuit seeking $5 million in damages against them, the parents allegedly transferred their interests in the property to their kids.Finding that the transfer was a “fraudulent conveyance,” and violative of the state’s Debtor and Creditor Law, the New York County Supreme Court granted summary judgment in the plaintiff’s favor and enjoined the sale or other disposition of the property.On appeal, the Appellate Division, First… [read post]
1 Apr 2017, 6:50 pm
The process of obtaining Bankruptcy Court approval included the opportunity for victims and creditors to vote on the proposed settlement. [read post]
19 Oct 2012, 10:03 am
They compress it all into a two- to three-digit computer code and a 100-character summary, and send it electronically to the furnisher (usually a creditor or debt collector) via an automated system, where it may be reviewed solely by another computer or someone just looking at computerized, internal records. [read post]
6 Jun 2013, 9:00 am
The judge’s decision isn’t final, and the issue can be revisited down the road, but the fact that it stayed in the disclosure statement (and will be presented to the airlines’ creditors for approval) is one more hurdle cleared for Horton. [read post]
11 Sep 2024, 12:00 am
Why Liquidation Bankruptcy Works for Failing Businesses Chapter 7 bankruptcy involves selling off your business’s assets to pay off its creditors. [read post]
22 Sep 2017, 8:02 am
This paper examines Grotius’s defence of pious war, paying special attention to the creditor-debtor relationship as foundational structure of religious violence.Download the article from SSRN at the link. [read post]
9 Jul 2015, 4:10 am
Yesterday's Wall Street Journal reports that in a motion filed June 29 (full text), the Official Committee of Unsecured Creditors (representing victim claimants) presented the bankruptcy court with a seven-minute video urging victims to come forward before the deadline. [read post]
9 Dec 2013, 6:33 am
Bankruptcy law in the United States, which serves as an important precedent for the treatment of derivatives under insolvency law worldwide, gives creditors in derivatives transactions special rights and immunities in the bankruptcy process, including virtually unlimited enforcement rights against the debtor (hereinafter, the “safe harbor”). [read post]
10 Oct 2014, 12:11 pm
Reno Fernandez is proud to host this upcoming program on assignments for the benefit of creditors ("ABC's") for the Commercial Law and Bankruptcy Section of the Bar Association of San Francisco at noon this Tuesday, October 14, 2014, at the City Club. [read post]
9 Mar 2017, 2:46 pm
Individuals are now considering creating asset protection trusts in Nevada over Delaware because Nevada does not allow for claims from “exception creditors” (claims for alimony and spousal support from an ex-spouse). [read post]
8 Nov 2012, 1:39 pm
You’re committed to the Chapter 13 plan, which dictates the amount of money you must pay to the trustee for distribution to your creditors for a fixed period of time, usually between three and five years. [read post]
24 Jan 2014, 6:54 pm
This is particularly important in more complex cases, in which a number of investors and creditors may have competing claims.But how, and where, should you record any interests in Australian patents or other registered IP rights? [read post]
30 Jun 2015, 9:00 am
§ 506(d) when the debt owed on a senior lien exceeds the current value of the collateral if the junior creditor’s claim is both secured by a lien and allowed under § 502 of the Bankruptcy Code. [read post]
8 May 2024, 12:00 am
By requesting validation, you can receive documentation that proves the debt’s existence, the amount owed, and the creditor’s right to collect. [read post]
15 May 2023, 8:00 am
Since the defendants’ liability was joint and several, and a New York State law [CPLR 1501] permits a judgment creditor to proceed against a party served, the underlying determination was reversed and summary judgment as against V.W was granted in the plaintiff’s favor.Did things get out of joint there? [read post]
12 Jan 2013, 11:48 am
The Dodd-Frank Act provides that qualified mortgages are entitled to a presumption that the creditor making the loan satisfied the ability-to-repay requirements. [read post]
5 Jun 2013, 7:35 pm
And it's not me telling you that; it's the museums themselves, by their actions.You can't sell this first-rate work for $30 million and then turn around and tell me, when I want to sell another work (to keep from going out of business, or to pay creditors, or to avoid laying off staff, and so on) that I can't do so because it's held in the public trust. [read post]
