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21 Feb 2012, 11:04 pm
Secured creditors are claiming R6m, and preferent creditors, including Sars and staff, are owed R5.5m.Concurrent creditors are claiming R26m, which includes claims from Machanik herself under members' loans and inter-company loans.Machanik will return to court next month.The Star [read post]
27 Aug 2024, 6:02 am
The plaintiff bank issued two guarantees in favour of the defendant’s creditor. [read post]
7 Oct 2009, 4:46 am
Obviously, the fraudulent conversion statute requires that you not wait until your creditors are at your door to utilize those exemptions from creditors claims. [read post]
28 Jun 2021, 3:09 pm
To sum this all up in one, Peter-Pipery sentence: Even in bankruptcy court, creditors may need to seek relief to seek relief, and when they fail to seek the relief they needed to seek relief, a debtor may seek relief from the relief the creditor sought. [read post]
16 Jan 2024, 6:00 am
Benefits of Setoff for Creditors Setoff provides an opportunity for creditors to recover some of their losses. [read post]
22 Jul 2022, 7:06 pm
The creditor subsequently appealed. [read post]
11 Sep 2015, 3:44 am
For actual damages in a higher amount the creditor may claim damages under the general rules. [read post]
25 Jun 2013, 12:41 pm
Based on the proposed approach, title charges paid to an affiliate of the creditor by a seller or other third party are included in points and fees, but would not be included in points and fees if paid by the creditor. [read post]
28 Nov 2018, 7:55 am
Different rules on automatic stay if the previous case was dismissed short of discharge Important creditors paid first Chapter 13 imposes a payment plan on creditors, willing or not. [read post]
29 Aug 2012, 8:58 pm
In a Chapter 13, you can surrender the collateral, let the creditor repossess and sell it and pay any deficiency in the plan as an unsecured claim at the percentage paid to all other unsecured creditors; in some instances you can keep the collateral and continue to make regular payments to the creditor outside the Chapter 13 plan; you can “cram down” the collateral by paying the creditor only its value at a court approved interest rate; in many courts,… [read post]
22 Jun 2011, 1:42 pm
In that case, if the debtor wishes to retain the automobile, he must sign a reaffirmation agreement if the creditor requires it. [read post]
11 Jan 2016, 8:00 am
Why Would a Creditor Agree to Accept a Reduced Payment? [read post]
26 Apr 2020, 12:11 pm
The court denied the motion, and the creditor appealed. [read post]
9 Jul 2008, 1:32 am
The earnings have no exemption from Mary's creditors. [read post]
6 Apr 2012, 7:12 am
The false representation in this case was the representation of BAC as a creditor, the court said. [read post]
25 Mar 2009, 6:15 am
As is the case in other jurisdictions, Dutch Caribbean law provides for (strong) creditor protection tools, e.g. actio Pauliana, to declare void legal acts performed by a debtor which adversely affect the creditor(s). [read post]
17 Feb 2012, 6:20 pm
If the creditor is a creditor of both spouses, this protection does not exist. [read post]
5 Oct 2020, 4:21 pm
Again, many of these creditor are not interested in owning assets. [read post]
13 Jun 2016, 6:57 am
Why else would this creditor keep bothering him. [read post]
7 Jul 2009, 2:47 pm
As a result, few ordinary creditors are willing to post that bond, and therefore few creditors actually use a pre-judgment remedy. [read post]