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8 Mar 2016, 9:48 am
[March 9 UPDATE: lest anyone need reminding of what can happen when a majority of creditors cannot bind holdouts, check out Anna Gelpern's recent assessment of the Argentina settlement] [read post]
8 Mar 2016, 9:12 am
Bankruptcy Appellate Panel for the Eighth Circuit recently affirmed an order of the bankruptcy court granting a debtor’s motion to avoid a judgment creditor’s lien on the debtor’s residence held in tenancy by the entirety with his non-debtor spouse, holding because the lien “fixed” under the Bankruptcy Code and thus impaired the debtor’s […]Coleman Braun [read post]
7 Mar 2016, 11:39 am
It doesn’t seem fair that a creditor would report anything other than “paid as agreed” if the debt is current, but that’s what creditors do. [read post]
7 Mar 2016, 7:59 am
The question now before the Supreme Court is whether the “actual fraud” bar to discharge under Section 523(a)(2)(A) of the Bankruptcy Code applies only when the debtor has made a false representation, or whether the bar also applies when the debtor has deliberately obtained money through a fraudulent-transfer scheme that was actually intended to cheat a creditor. [read post]
7 Mar 2016, 7:09 am
This notice to creditors allows the affected creditor body to object if a proposed act is not at arms length or is otherwise objectionable. [read post]
5 Mar 2016, 5:36 pm
If the means test says that you have no disposable income available in which to pay your creditors then you may qualify for Ch. 7 bankruptcy. [read post]
5 Mar 2016, 12:10 pm
With this sort of multiple entity case, the hostage value held by creditors increases significantly. [read post]
5 Mar 2016, 7:14 am
In the event that the decedent’s family did not open an estate, creditors of the estate may do so as well. [read post]
5 Mar 2016, 6:47 am
All Chapter 13 trustees now have websites where you can access a report about distributions made to creditors by the trustee. [read post]
4 Mar 2016, 2:25 pm
Even in the absence of legal authority for this move, would creditors formally object or fail to show up? [read post]
3 Mar 2016, 8:32 pm
Now as a distributional matter, bills of credit sacrifice the domestic creditors for the foreign creditors. [read post]
3 Mar 2016, 5:43 am
The rights and interests of the state, workers, creditors, and investors should be protected (listed in this order). [read post]
2 Mar 2016, 5:39 pm
To begin, there are questions about whether the Commonwealth incurred much of its debt (COFINA in particular) in violation of its constitutional debt limits; if so, whether creditors can enforce claims to the unauthorized debt; and, if not, the scope of any right to restitution. [read post]
2 Mar 2016, 5:00 pm
Employer and union sponsored group health plans covered by the Employee Retirement Income Security Act of 1974 (ERISA) and their insurers are not required to comply with a Vermont state law that requires health insurers and certain other parties to report payments relating to health care claims and other information relating to health care services to a state agency for compilation in an all-inclusive health care database, according to the United States Supreme Court’s March 1, 2016 ruling in… [read post]
2 Mar 2016, 1:22 pm
The topic for this Friday's program is Debtor-Creditor Law: Research Tools, Legal Claims, and Potential Causes of Action. [read post]
2 Mar 2016, 8:06 am
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]
2 Mar 2016, 7:05 am
The bankruptcy bargain trades protection from creditors for financial transparency. [read post]
2 Mar 2016, 6:50 am
MUSSELSHELL COUNTY, a quasi-municipal corporation; and the assignees, and creditors of the above named entity; and all other UNKNOWN persons claiming, or who might claim any right, title estate or interest in, or lien or encumbrance upon, the real property described in the complaint, or any thereof, adverse to plaintiffs’ ownership, or any cloud upon plaintiffs’ title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of… [read post]
2 Mar 2016, 6:43 am
SMITH, as Treasurer of Powell County, the unknown heirs, unknown devisees and unknown creditors of each of the above described individual Defendants who may now be deceased; and all other persons, unknown, claiming or who might claim any right title, estate or interest in or lien or encumbrance upon the real property described in the complaint adverse to Plaintiff’s title thereto, whether such claim or possible claim be present or contingent, Defendants, WAYNE S. [read post]
2 Mar 2016, 3:01 am
But there are other circumstances where a non director will be asked to provide a personal guarantee, such as where the creditor is looking for some addition third party guarantees. [read post]
