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21 Feb 2018, 1:13 pm
Thus, debtors will be more receptive to proposals that allow them to retain possession of important properties. [read post]
21 Feb 2018, 1:13 pm
Thus, debtors will be more receptive to proposals that allow them to retain possession of important properties. [read post]
9 Feb 2022, 5:30 am
This is typically only allowed in special circumstances such as where the debtor is using, or possessing, valuable property used to secure a debt owed to the creditor for which the debtor is not fairly compensating the creditor, to the detriment of the creditor’s rights (i.e. driving a car around with a loan against it and not making payments). [read post]
15 Nov 2023, 9:20 am by Robert Guest
Continue Reading › The post Texas Appellate Court Refuses to Credit Child Support Debtor for Out-of-State Property appeared first on Dallas Divorce Lawyer Blog. [read post]
19 Jan 2016, 6:35 am by Joy Waltemath
The debtors’ financial situation was “desperate,” and it was unable to obtain debtor in possession financing. [read post]
31 Mar 2011, 5:00 pm by Legal Intern
Adjustment of Debts: A Chapter 13 bankruptcy tends to be the preferred form of bankruptcy because debtors are able to stay in possession of their assets. [read post]
9 May 2012, 2:54 pm by WOLFGANG DEMINO
They include: (1) the transfer or obligation was to an insider; (2) the debtor retained possession or control of the property transferred after the transfer; (3) the transfer or obligation was concealed; (4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (5) the transfer was of substantially all the debtor's assets; (6) the debtor absconded; (7) the debtor removed or… [read post]
14 Jun 2012, 9:11 pm by Lanigan
Thus, the debtor will be working toward fulfillment of its obligation not just because of the fear of a breach of contract, but may also lose possession of some valuable piece of property. [read post]
14 Jun 2012, 9:11 pm by Lanigan
Thus, the debtor will be working toward fulfillment of its obligation not just because of the fear of a breach of contract, but may also lose possession of some valuable piece of property. [read post]
12 Apr 2010, 7:20 am
Once a bankruptcy case is completed, however, the debtor will still need basic possessions and assets to move their life forward. [read post]
19 Apr 2017, 8:50 am
Other Assets A creditor can file a citation to discover assets in order to determine what valuable assets the debtor possesses. [read post]
3 Jul 2010, 7:37 pm by Jonathan Alper
The court held that the debtor’s present right of possession is sufficient to qualify the house as an exempt homestead. [read post]
18 Mar 2015, 8:13 am by Bob Eisenbach
That section provides: (c) The trustee may not assume or assign any executory contract or unexpired lease of the debtor, whether or not such contract or lease prohibits or restricts assignment of rights or delegation of duties, if— (1)(A) applicable law excuses a party, other than the debtor, to such contract or lease from accepting performance from or rendering performance to an entity other than the debtor or the debtor in possession, whether or… [read post]
30 Nov 2016, 10:00 am by The Sader Law Firm
§ 1101, business owners can maintain some control as “debtors in possession. [read post]
15 Jan 2023, 9:54 pm
Using Replevin, Detinue to Repossess Vehicles - This blog discusses the legal avenues that creditors may use to take possession of a vehicle after a debtor has defaulted on an auto loan. [read post]
16 Nov 2016, 9:00 am by Laura J. Genovich
The Bankruptcy Code grants a trustee (or a debtor in possession) certain “avoidance” powers to recover payments to creditors made shortly before a bankruptcy filing where the payment gave the creditor more than other, similarly situated, creditors would receive through the bankruptcy process. [read post]
16 Nov 2016, 9:00 am by Laura J. Genovich
The Bankruptcy Code grants a trustee (or a debtor in possession) certain “avoidance” powers to recover payments to creditors made shortly before a bankruptcy filing where the payment gave the creditor more than other, similarly situated, creditors would receive through the bankruptcy process. [read post]
28 May 2019, 3:09 pm
You will regain possession of the vehicle and sell it to recuperate the money owed on the loan. [read post]
17 May 2012, 7:14 pm by Aviation LawProf
Pinnacle received clearance to accept a $74.3 million debtor-in-possession loan from Delta over the objections of a group of shareholders. [read post]
13 Jul 2017, 1:41 pm by jameswilson29@gmail.com
As a result, the Supreme Court held that §522(f)(1) of the Bankruptcy Code “requires a debtor to have possessed an interest to which a lien attached, before it attached, to avoid the fixing of the lien on that interest…”  Farrey v. [read post]