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6 Oct 2015, 6:30 am
These can be a great estate planning vehicles because: (i) unlike a will, a trust agreement is not a public document; (ii) assets within irrevocable trusts are shielded from creditors and from inheritance claims of spouses of the adult children named as heirs; and (iii) an irrevocable trust represents a “finalized” estate planning decision which, in turn, guarantees that particular assets transfer to a parent’s own biological children. [read post]
6 Oct 2015, 6:21 am
The Equal Credit Opportunity Act (“ECOA”) makes it unlawful to “discriminate against any applicant” on the basis of marital status, and it defines an applicant as “any person who applies to a creditor directly for an extension, renewal, or continuation of credit. [read post]
6 Oct 2015, 5:44 am
The judgment creditor may garnish note payments by serving a writ of garnishment upon the person who pays the note. [read post]
5 Oct 2015, 3:49 pm
In 2013 I wrote about the Golden case which ruled that a known or reasonably ascertainable creditor who did not receive a Notice to Creditors in a probate proceeding could file a claim against the estate up to 2 years after death. [read post]
5 Oct 2015, 11:20 am
"U.S. court rejects creditors' bid for Argentine funds held by BNY Mellon": Reuters has this report on two non-precedential summary orders (here and here) that the U.S. [read post]
5 Oct 2015, 8:00 am
Chapter 11 Business Bankruptcy: Commonly referred to as “reorganization bankruptcy,” chapter 11 is a popular debt relief option that allows you to regain control of your finances and settle with your creditors while still operating your business. [read post]
5 Oct 2015, 6:00 am
If, before you file a bankruptcy, you pay a creditor more than you are paying at that time to your other creditors, then that favored creditor may have to return the money so that it is shared among all your creditors. [read post]
5 Oct 2015, 3:11 am
The second morning session on the Unfinished Business Doctrine, chaired by another renowned expert on the law of partnerships and other unincorporated entities, Robert Keatinge, will examine this very hot topic in the field of bankruptcy and creditor rights. [read post]
4 Oct 2015, 1:28 pm
Wit this being the case, these other creditors probably will take priority over you or you will be thrown in with them. [read post]
4 Oct 2015, 8:39 am
Unless otherwise directed by the court, the trustee or debtor in possession shall give notice of a proposed abandonment or disposition of property to the United States trustee, all creditors, indenture trustees, and committees elected pursuant to §705 or appointed pursuant to §1102 of the Code. [read post]
4 Oct 2015, 7:25 am
If that order had been granted, then the owner could have used those withheld monies to pay other trust claimants and then other creditors. [read post]
4 Oct 2015, 4:00 am
This week’s summaries concern: Mechanics’ Liens – Contracts – Creditors and Debtors – Aliens Olson (Stuart) Dominion Construction Ltd. v. [read post]
3 Oct 2015, 10:17 am
However, once the assets are distributed to creditors, there remains the question of whether Customs can collect from the presumably bloodless turnip. [read post]
3 Oct 2015, 6:23 am
Those creditors got notice of your case. [read post]
2 Oct 2015, 9:45 am
The plan term sheet provides that unsecured creditors shall receive some form of cash recovery and warrants to purchase equity in the new company. [read post]
1 Oct 2015, 11:53 am
There was a recent appeal by a creditor who claimed they were known or an ascertainable creditor and did not actual notice to creditors (40 Fla. [read post]
1 Oct 2015, 11:53 am
There was a recent appeal by a creditor who claimed they were known or an ascertainable creditor and did not actual notice to creditors (40 Fla. [read post]
1 Oct 2015, 10:04 am
Remember this, retirement accounts are protected from creditor claims. [read post]
1 Oct 2015, 9:00 am
For example, if a creditor has neglected to delete a debt from your credit report post-bankruptcy, that creditor is in violation of the Fair Credit Reporting Act. [read post]
1 Oct 2015, 6:00 am
[xi] In a filing to support its motion to compel discovery from the bankruptcy trustee in Gordon, the lawyer for creditor Commerce Bank charged that the trustee and the United States had engaged in “a pattern . . . to avoid any meaningful examination of the legal validity of the litigation plan they have concocted to bring . . . a series of baseless claims. [read post]
