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19 Apr 2010, 12:09 pm
In the Chapter 11 bankruptcy case of Electroglas Incorporated, the court decided, the creditor’s right was compromised because the creditor is a bondholder or noteholder whose rights are subject to a trust indenture agreement. [read post]
8 Feb 2011, 10:42 pm
The secured creditor is required to consider the representation of the borrowers, and if the secured creditor comes to the conclusion that the representation is not tenable or acceptable, then he must communicate, within one week of the receipt of the communication by the borrower, the reasons for rejecting the same. [read post]
5 Jan 2020, 9:03 am
From the very beginning, Argentina drew criticism for failing to engage with creditors, and its 2005 restructuring garnered relatively modest creditor support. [read post]
17 Aug 2023, 10:51 pm
In that case, the nondebtor could simply choose to do a consensual deal in the bankruptcy with the first three creditors for $3/creditor or $9 total and then worry about the fourth creditor outside of the bankruptcy plan. [read post]
3 Dec 2018, 5:52 am
VENEZUELA On 25 November 2018, Venezuela struck a USD 1.4bn deal to save shares of Citgo Petroleum Corp. belonging to state-owned Petroleos de Venezuela SA (“PDVSA”) from seizure by creditor Crystallex International Corp. [read post]
15 Jan 2012, 3:11 pm
Abstract Outside of bankruptcy, the right of a secured creditor to “credit bid” allows the secured creditor to compete with cash bids in foreclosure to assure that the secured creditor’s collateral is not sold for less than the secured creditor thinks it is worth. [read post]
25 Sep 2019, 7:27 am
Meeting of Creditors in Chapter 13 A meeting of creditors is held with the Chapter 13 Trustee about 30 days after filing. [read post]
13 Jun 2011, 12:33 pm
Thus, one remedy of the NJUFTA is to allow a creditor to undo the wrongful transaction so as to permit the creditor to collect. [read post]
10 Mar 2010, 8:17 am
Secured creditors may be entitled to greater payment than unsecured creditors. [read post]
24 Jun 2010, 4:57 am
But not all assets are equally desirable to creditors. [read post]
29 Jun 2010, 7:59 am
Secured creditors may be entitled to greater payment than unsecured creditors. [read post]
18 May 2015, 2:28 pm
Some courts thought the money should go to the creditors (because in a Chapter 13 post-filing income typically goes to the creditors). [read post]
7 Aug 2018, 5:55 am
How a creditor goes about obtaining the garnishment order depends partly on the contractual terms between the debtor and creditor, but if the debt is legitimate, then any creditor may attempt to resolve this debt at some point by obtaining such an order. [read post]
10 Aug 2017, 5:48 am
” The types of relief available under § 726.108 are “subject to the limitations of §726.109,” which provides, among other things: Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under s. 726.108(1)(a), the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (3), or the amount necessary to satisfy the creditor’s claim,… [read post]
2 Aug 2011, 11:08 am
Also, any delay caused by a creditor's response to a 3-day notice may cause a purchaser to walk away, forcing the insolvent company into liquidation (through lack of funding for a trading administration), resulting in lower returns to creditors. [read post]
12 Oct 2017, 9:05 am
The drafter should also consider whether the debtor has any assets in the country in which the award creditor anticipates enforcement proceedings to occur. [read post]
12 Oct 2017, 9:05 am
The drafter should also consider whether the debtor has any assets in the country in which the award creditor anticipates enforcement proceedings to occur. [read post]
21 Dec 2016, 10:00 am
Debtors who are unemployed and being hounded by creditors may benefit from filing for bankruptcy. [read post]
19 Nov 2021, 11:42 am
He is recognized for his work in (1) Bankruptcy: Business; (2) Real Estate: Business; (3) Business Litigation; and, (4) Creditor Debtor Rights: Business. [read post]
16 Feb 2016, 12:29 pm
Video Transcription Well, obviously one of the major warning signs for a business if they were coming up on a foreclosure date, if they have a secured creditor who’s threatening some very serious legal action against them, that’s sort of a drop-dead date that something has to be done if you want to keep your business during that time. [read post]
