Search for: "Debtors and Debtors in Possession"
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5 Jul 2012, 10:50 pm
Either the debtor is generally not paying debts as they becomes due or within 120 days before filing of the petition, a custodian was appointed to take possession of the debtor’s property. [read post]
5 Jul 2012, 4:59 am
Collects estate property from the debtor or any third party which might be in possession. [read post]
2 Jul 2012, 7:35 pm
In considering the exemption from forced sale, a court must instead “focus on the debtor's intent to make the property his homestead and the debtor's actual use of the property as his principal and primary residence. [read post]
2 Jul 2012, 3:42 pm
When a debtor files for chapter 7 or chapter 13 bankruptcy, they are allowed certain protections under the bankruptcy code. [read post]
29 Jun 2012, 12:23 pm
Proc. 6008, that must be satisfied as part of the process: On motion by the debtor, trustee, or debtor in possession and after hearing on notice as the court may direct, the court may authorize the redemption of property from a lien or from a sale to enforce a lien in accordance with applicable law. [read post]
29 Jun 2012, 12:03 pm
A transfer is not voidable under subsection b. of R.S. 25:2-27: (1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien; (2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or (3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose… [read post]
29 Jun 2012, 12:02 pm
If the non-debtor spouse dies before the debtor spouse, the creditor can step into the shoes of the debtor spouse and take the entire property. 3. [read post]
29 Jun 2012, 12:02 pm
Most debtors consider this a pretty good outcome, as it will generally result in the creditor not getting very much. [read post]
29 Jun 2012, 6:00 am
It can be obtained by security agreement or control/possession of the good. [read post]
28 Jun 2012, 2:12 pm
" In Chapter 7, an individual can wipe out many types of unsecured debt and certain secured debt (in the event the debtor surrenders possession of the secured creditor's collateral - typically real estate or an automobile). [read post]
27 Jun 2012, 3:54 pm
The debtor's DAPT was pierced. [read post]
22 Jun 2012, 12:51 pm
Exempt assets are assets of a debtor which are protected from creditors by statute. [read post]
22 Jun 2012, 12:51 pm
The court shot down the debtor's actions and held the entities to be no more than nominees of the debtors. [read post]
22 Jun 2012, 12:50 pm
Under the bankruptcy code, a debtor can be denied a discharge of his debt if he has failed to keep sufficient financial records. [read post]
20 Jun 2012, 12:22 pm
How do you obtain a job when you have several prior felony possession convictions? [read post]
18 Jun 2012, 3:00 am
Peterson was proceeding under CPLR § 5222(b), which provides for service of a restraining notice on a judgment debtor’s bank. [read post]
14 Jun 2012, 9:11 pm
Thus, the debtor will be working toward fulfillment of its obligation not just because of the fear of a breach of contract, but may also lose possession of some valuable piece of property. [read post]
14 Jun 2012, 9:11 pm
Thus, the debtor will be working toward fulfillment of its obligation not just because of the fear of a breach of contract, but may also lose possession of some valuable piece of property. [read post]
14 Jun 2012, 8:20 am
Thereafter, the bankruptcy trustee indicated that the employee could pursue her cause of action as a debtor in possession. [read post]
13 Jun 2012, 7:11 pm
“you can take the damn car, but I want my shit” meaning that the owner wanted her possessions from inside the car before the repo man tried to take it away.) [read post]
