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21 Dec 2022, 3:05 am
If a company’s money, under the control of the directors, is paid out to discharge the debts of some creditors out of the general body of creditors, the interests of the creditors as a general body, and hence the interests of the company, are prejudiced and this can give rise to recoverable loss. [read post]
20 Dec 2022, 2:55 pm
For example, the automatic stay may not apply if: You have already lost your vehicle through repossession before you filed for bankruptcy (and the vehicle was sold at auction) The creditor has obtained a court order allowing them to repossess your vehicle before you filed for bankruptcy You have given the creditor a “voluntary surrender” of your vehicle, which means you have agreed to give up ownership of the vehicle without going through the repossession process Even… [read post]
20 Dec 2022, 1:46 pm
The estate administrator, as appointed by the probate court judge, will perform the functions as required by state law, including: </span> </p> <ul> <li> <span style="display: initial;"> Identify and give notice to estate beneficiaries and other interested parties </span> </li> <li> <span style="display: initial;"> … [read post]
20 Dec 2022, 7:59 am
On 16 December 2022, the European Banking Authority (EBA) published a final report on the draft Implementing Technical Standards (ITS) specifying the templates to be used by credit institutions for the provision of information referred to in Article 15(1) of Directive (EU) 2021/2167 in order to provide detailed information on their credit exposures in the banking book to credit purchasers for the analysis, financial due diligence and valuation of a creditor’s rights under a… [read post]
19 Dec 2022, 5:58 pm
The Justice Department announced the launch of a new nationwide Law Enforcement Language Access Initiative (“LEP Initiative”) to help law enforcement agencies meet obligations to provide meaningful language assistance to limited English proficient (LEP) individuals along with driving home it’s commitment to enforce these LEP obligations by announcing a LEP investigation resolution with the Denver Police Department. [read post]
19 Dec 2022, 1:13 pm
Since the grantor does not own the assets, the assets are protected from creditors or legal judgments. [read post]
19 Dec 2022, 12:29 pm
Tenancy-by-the-entirety has built in rights of survivorship and protections against the creditors of one spouse. [read post]
19 Dec 2022, 12:29 pm
Tenancy-by-the-entirety has built in rights of survivorship and protections against the creditors of one spouse. [read post]
19 Dec 2022, 9:54 am
A debt adjuster acts as an intermediary between a debtor and creditors for the purpose of settling, compounding, or altering the terms of payment of any debts. [read post]
19 Dec 2022, 6:52 am
Miami Tower 100 SE 2nd Street, Suite 3105 Miami, Florida 33131 Main: 305.567.5576 Fax: 305.567.69343 Email: GMP@assoulineberlowe.com and EML@assoulineberlowe.com http://www.assoulineberlowe.com/ Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law, Trust & Estates, Probate and Guardianship [read post]
19 Dec 2022, 5:30 am
The distribution of money to creditors is subject to the priority rules laid out under the Bankruptcy Code. [read post]
19 Dec 2022, 3:12 am
A creditor domiciled in State A has various options for having bank accounts of his debtor in State B seized. [read post]
16 Dec 2022, 7:25 am
Before examining the Court of Appeal’s decision, it is important to bear in mind that s 303(1) of the Act states as follows: “If a bankrupt or any of his creditors or any other person is dissatisfied by any act, omission or decision of a trustee of the bankrupt’s estate, he may apply to the court; and on such an application the court may confirm, reverse or modify any act or decision of the trustee, may give him directions or may make such other order it thinks fit”.… [read post]
15 Dec 2022, 6:38 pm
A mechanic's lien is a legal way for creditors to secure payment for work that has been done on a property. [read post]
15 Dec 2022, 1:28 pm
There are numerous situations where creditors or other companies may need to address a breach of contract through commercial litigation. [read post]
15 Dec 2022, 8:33 am
Creditors were concerned about the impact of SDRP on their businesses, and the weight of other new consumer protection regulation that would be implemented in the same period. [read post]
15 Dec 2022, 8:00 am
December 2022 Clients, Friends, Associates: As we near the end of 2022, we have highlighted some recent industry updates that we believe may impact our clients. [read post]
15 Dec 2022, 7:19 am
On December 7, 2022, the CFPB issued a report recommending that creditors proactively provide Servicemember Civil Relief Act (“SCRA”) interest rate benefits to eligible customers, bypassing the statute’s requirements of a written request from the servicemember and proof of military ... [read post]
15 Dec 2022, 6:31 am
Understand that if the credit card debt were acquired during the marriage, the creditor would likely cite you and your spouse as the party responsible for it. [read post]
15 Dec 2022, 6:31 am
This means that creditors will be able to resume collection activities immediately after dismissal. [read post]
