Search for: "Debtors and Debtors in Possession"
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25 Jun 2017, 5:30 pm
One of those necessary and often treasured possessions debtors fear losing is their vehicle – their mode of transportation. [read post]
8 May 2010, 10:35 am
In this case, there is an arrangement made between the debtor and creditor to manage the debt that enables the debtor to retain possession to the property and restructure payments. [read post]
25 Mar 2009, 4:23 pm
With insufficient liquidity in the market causing debtor-in-possession financing to become increasingly scarce, firms are flocking to advise clients on the "new M&A"--Section 363 sales and liquidations. [read post]
18 Oct 2013, 1:25 pm
If the paint store is not incorporated, the bankruptcy trustee will see $50,000 of assets to liquidate and will probably order the debtor to cease business operations and demand immediate possession of the store. [read post]
21 Feb 2023, 8:00 am
If a debtor had not paid at least 30 percent of the loan, they may be required to pay off the full amount of the loan before they can regain possession of the vehicle. [read post]
16 Mar 2021, 9:04 am
The Debtor also argued that the Brunner Test has, over time, become too high a burden for debtors to satisfy. [read post]
30 May 2023, 10:26 am
If the debtor has no equity in the property used to secure a debt, the creditor may seek to take possession of the property, and a lift stay motion may allow them to proceed with a foreclosure or repossession. [read post]
10 Feb 2014, 5:50 am
any act or action to obtain possession of property of the debtor 4. [read post]
20 Aug 2021, 10:04 am
No person shall acquire any “right, title claim or interest” without possession of the vehicle and a title, a written instrument, or a bill of sale. [read post]
15 Sep 2012, 9:57 am
The reason for such exemptions is to allow debtors to obtain a "fresh start" while still maintaining necessary possessions, such as their house, car, clothing and personal property. [read post]
11 Feb 2014, 1:02 pm
Instead, the debtor serves as a quasi-trustee known as the debtor-in-possession. [read post]
15 Dec 2017, 10:00 am
When the debtor possesses an interest in a limited liability company (LLC), a court may issue to the creditor and against the debtor a charging order in order to allow the creditor to try to enforce the judgment against the debtor’s membership interest in the LLC. [read post]
10 Aug 2010, 7:20 am
When your bankruptcy case is closed, however, you'll still need basic possessions and assets to move forward. [read post]
7 Aug 2010, 9:43 am
When your bankruptcy case is closed, however, you'll still need basic possessions and assets to move forward. [read post]
6 Oct 2017, 5:07 pm
If the debtor cannot repay the loan, the creditor will make withdrawals from the account or possess the vehicle. [read post]
6 Oct 2017, 5:07 pm
If the debtor cannot repay the loan, the creditor will make withdrawals from the account or possess the vehicle. [read post]
7 Oct 2021, 7:31 am
In an underreported amendment to the Bankruptcy Code, the Small Business Reorganization Act amended §547(b) of the Code to add an explicit requirement for the bankruptcy trustee or debtor in possession to conduct “reasonable due diligence” before filing a preference action. [read post]
17 Feb 2007, 4:31 am
IRC Section 1398(e)(1).Because the bankruptcy estate is a separate taxable entity, the trustee or debtor in possession must obtain an employer identification number for the estate and use it on any tax returns filed for the estate. [read post]
17 Sep 2011, 1:22 am
Does the debtor still have the collateral, or was it sold, re-possessed, or surrendered as part of the bankruptcy? [read post]
30 Sep 2021, 8:03 am
In addition, a lender cannot collect a deficiency judgment if it retained possession of the vehicle rather than selling it. [read post]
