Search for: "Debtors and Debtors in Possession"
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1 Mar 2021, 6:49 am
Employment Agreements Employment agreements are a type of executory contract that can be rejected in a bankruptcy case (subject to the business judgment of the trustee or debtor-in-possession). [read post]
28 Dec 2023, 12:00 pm
While the debtor normally remains in control of the assets, the court can order the appointment of a trustee to take possession and control of the business. [read post]
30 Jan 2019, 9:00 am
Foreclosures, sheriff’s sales, or other acts to take possession of the property of the debtor are halted. [read post]
5 Jun 2012, 5:41 pm
Under N.J.S.A. 25:2-23: A debtor is insolvent if the sum of the debtor's debts [after any purported transfer of assets] is greater than all of the debtor's assets, at a fair valuation. [read post]
1 Mar 2021, 6:49 am
Employment Agreements Employment agreements are a type of executory contract that can be rejected in a bankruptcy case (subject to the business judgment of the trustee or debtor-in-possession). [read post]
3 Nov 2010, 7:56 am
Wagoner, 944 F.2d 114 (2d cir 1991), a bankruptcy trustee does not possess standing to seek recovery from third parties alleged to have joined with the debtor corporation or its insider/agents in defrauding creditors. [read post]
16 Aug 2012, 12:08 pm
It continued to operate its business as debtor in possession. [read post]
30 Apr 2023, 9:05 pm
Indeed, it is notable that most debtors that operate like a pegged currency are excluded from chapter 11. [read post]
1 Jun 2020, 7:13 am
Give the small estate affidavit to the person who has possession of the personal property. [read post]
9 Aug 2024, 6:09 am
A “charging order” is a type of lien on distributions from a company to a debtor and is addressed below. [read post]
3 Jan 2014, 12:18 pm
Moreover, the Ohio administrator did not attempt to take possession of this property or to take it under administration, but attempted rather to place it beyond the reach of a New York claimant. [read post]
21 Nov 2005, 1:03 pm
Bankruptcy is a legal status that in America must be determined by a judge.In Chapter 7 or so-called "fresh start" cases, once bankruptcy is declared, the debtor's remaining assets and all but a few, exempted possessions are divided up among creditors. [read post]
2 Feb 2011, 10:39 pm
With respect to a bank account, “as between the debtor and a third-party creditor (other than the financial institution into which the deposits have been made), if the signature card of the account does not expressly disclaim the tenancy by the entireties form of ownership, a presumption arises that a bank account titled in the names of both spouses is held as a tenancy by the entireties as long as the account is established by husband and wife in accordance with the unities of… [read post]
4 Mar 2019, 4:35 pm
They should also communicate fairly with the debtor. [read post]
5 May 2021, 5:00 pm
To keep the lease the debtor has to cure the arrearage, which is the fundamental problem that has the debtor in bankruptcy in the first place. [read post]
20 Nov 2023, 12:05 pm
If anyone owed the executor money, the executor may sue the debtor and take steps to collect the money. [read post]
2 Nov 2020, 6:00 am
A “chose in action” is defined as “personalty to which the owner has a right of possession in the future or a right of immediate possession which is being wrongfully withheld. [read post]
2 Nov 2020, 6:00 am
A “chose in action” is defined as “personalty to which the owner has a right of possession in the future or a right of immediate possession which is being wrongfully withheld. [read post]
1 Nov 2023, 6:29 am
Actual knowledge is established if it can be shown that the creditor actually knew the facts and the identity of the debtor. [read post]
10 Sep 2011, 1:32 pm
For an obligation secured by a mortgage or deed of trust on or after October 1, 2009, a court may not award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if: (1) the creditor or beneficiary is a financial institution; (2) the real property is a single-family dwelling and the debtor or grantor was the owner of the property; (3) the debtor or grantor used the loan to purchase the property; (4) the debtor or grantor occupied the… [read post]
