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9 Nov 2015, 7:41 pm
In analyzing defendant’s motion to dismiss such claim, the Court provided: To state a veil-piercing claim, the plaintiff must plead facts supporting an inference that the corporation, through its alter-ego, has created a sham entity designed to defraud investors and creditors. [read post]
9 Nov 2015, 10:16 am
If you wanted to get out from underneath the secured debt, then you can always surrender your ownership interest back to the creditor. [read post]
9 Nov 2015, 9:45 am
Certain trusts are used to protect your estate from lawsuits or creditors. [read post]
9 Nov 2015, 9:35 am
Remember: any notice from VA or creditors should not be ignored. [read post]
9 Nov 2015, 9:00 am
We can also determine if a creditor is adhering to the Fair Debt Collection Practices Act and possibly seek remedies for you. [read post]
9 Nov 2015, 7:41 am
You can promise each unsecured creditor a certain percentage of their allowed claim: Creditors holding unsecured claims shall receive 20% of their claim. [read post]
7 Nov 2015, 9:59 am
With that said, more often than not a mortgage creditor drags its feet in filing proofs of claims which cause a delay in all creditors getting paid and a debtor chapter 13 plan being confirmed. [read post]
6 Nov 2015, 10:37 am
It gets better: The debtor's proposed plan is accepted by creditors only by the affirmative vote of creditors holding 75% of admitted claims. [read post]
6 Nov 2015, 8:57 am
Ritz, 15-145, may sound vaguely like a 1990s Ben Stiller movie, but it’s a bankruptcy case that presents the question “[w]hether 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]
5 Nov 2015, 10:11 am
At that hearing, the court has to rule in the creditor’s favor. [read post]
5 Nov 2015, 9:27 am
” There are several factors that are considered by courts in making this determination: (1) existence of a note comporting with the substance of the transaction, (2) payment of reasonable interest, (3) fixed schedule of repayment, (4) adequate security, (5) repayment, (6) reasonable expectation of repayment in light of the economic realities, and (7) conduct of the parties indicating a debtor-creditor relationship. [read post]
5 Nov 2015, 6:13 am
By relying on general deterrence as a public policy against the estate of a deceased tortfeasor, the defendant is being held vicariously responsible via the heirs and beneficiaries of the estate, as well as the creditors of the estate. [read post]
5 Nov 2015, 6:00 am
In its Conference of November 6, 2015, the Court will consider petitions seeking review of issues such as whether the Affordable Care Act’s contraceptive-coverage mandate violates the Religious Freedom Restoration Act, whether Texas’s restrictions on reproductive-health clinics constitute an “undue burden” on women seeking abortions, and whether Article III’s case or controversy requirement can be satisfied when the suit seeks a judgment of… [read post]
5 Nov 2015, 4:00 am
The American Bar Association is presenting a CLE entitled, Creditor's Rights in Decedent's Estates Including Non Probate Transfers, Tuesday November 17, 2015, 12:00-1:30pm Central, online. [read post]
5 Nov 2015, 4:00 am
Your credit score is the number creditors use to summarize the information in your credit report. [read post]
4 Nov 2015, 2:39 pm
Depending on the type of debt you are dealing with, creditors may accept 25-50% or less of your current balance. [read post]
4 Nov 2015, 9:31 am
Columns Family LawJohn-Paul BoydParental Alienation: Part Two Debtor and Creditor LawJ. [read post]
4 Nov 2015, 7:32 am
Above median, you are required do more forms, setting out your expenses, some standardized and some actual, to compute what the formula thinks you have available to pay your creditors. [read post]
4 Nov 2015, 7:00 am
It would protect the assets from creditors, predators, and failed marriages. [read post]
3 Nov 2015, 11:19 pm
A creditor cannot be deprived of its rights to collect on a debt by a divorce (unless the creditor happens to be one of the spouses) no matter how the home gets divided in the divorce. [read post]
