Sentences with phrase «against all debtors for»

If the debtor fails to appear and provide the information requested, the trustee or U.S. Trustee's representative may request that the case be dismissed, or may seek other relief against the debtor for failure to cooperate.

Represented Tully's Coffee (prior to its own Chapter 11 proceedings) to enforce its rights against Debtor for violations of franchising law and intellectual property.

Not exact matches

The parables disclose with what pleasure and tolerance he surveyed the broad scene of human activity: the merchant seeking pearls; the farmer sowing his fields; the real - estate man trying to buy a piece of land in which he had secret reason to believe a treasure lay buried; the dishonest secretary, who had been given notice, making friends against the evil day among his employer's debtors by reducing their obligations; the five young women sleeping with lamps burning while the bridegroom tarried and unable to attend the marriage because their sisters who had had foresight enough to bring additional oil refused to lend them any; the rich man whose guests for dinner all made excuses; the man comfortably in bed with his children who gets up at midnight to help his importunate neighbor only because he despairs of getting rid of him otherwise; the king who is out to capture a city; the man who built his house upon the sand and lost it in the first storm of wind and rain; the queer employer who pays all of his men the same wage whether they have worked the whole day or a single hour; the great lord who going to a distant land entrusts his property to his three servants and judges them by the success of their investments when he returns; the shepherd whose sheep falls into a ditch; the woman with ten pieces of silver who, losing one, lights the candle and sweeps diligently till she finds it, and makes the finding of it the occasion of a celebration in which all of her neighbors are invited to share — and how long such a list might be!

The filed Judgment is a LIEN against any / all real property owned by the DEBTOR and located in Erie County, for a period of 10 years from date of entry of judgment in the original court.

The FDCPA also provides protections to consumers, including allowing you to require debt collectors to valid any debt against you or have your attorneys» fees paid for by the debtor in a lawsuit in you are successful.

If they take the debtor to court, the court will file a judgement for or against the debtor.

While 93 percent of people who are sued for credit card mistakenly do not respond to a summons for credit card and end up with a default judgment against them (according to the New York Times article mentioned below), there is plenty of hope for any «guilty» debtor who answers a credit card debt summons.

It is based on their monthly income, and for higher earning debtors, in terms of a means test that measures the debtor's income against the average income for the state in which they live.

For example, a government - backed loan in default can subject the borrower to an administrative wage garnishment (that is, a garnishment without the creditor first obtaining a court judgment) of 15 % of disposable income, and this would be in addition to any state law garnishment by another creditor (under New York law, of several creditors have judgments against a debtor, only one at a time can garnish 10 % of wages, but a government student loan can be imposed on top of a state law garnishment.A borrower can also lose tax refunds if in default on a government student loan.

Let's take a closer look into Cornerstone student loans and see how they stack up against other servicers and look closely into everything that Cornerstone has to offer for a student loan debtor in repayment.

(A) entity that has a claim against the debtor (the person who filed bankruptcy) that arose at the time of or before the order for relief concerning the debtor;

For purposes of the means test, the U.S. Bankruptcy Code defines current monthly income as including: «any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor's spouse), on a regular basis for the household expenses of the debtor or the debtor's dependents (and in a joint case the debtor's spouse if not otherwise a dependent)...» Benefits received under the Social Security Act, payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes, and payments to victims of international terrorism or domestic terrorism on account of their status as victims of such terrorism are excluded from the means teFor purposes of the means test, the U.S. Bankruptcy Code defines current monthly income as including: «any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor's spouse), on a regular basis for the household expenses of the debtor or the debtor's dependents (and in a joint case the debtor's spouse if not otherwise a dependent)...» Benefits received under the Social Security Act, payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes, and payments to victims of international terrorism or domestic terrorism on account of their status as victims of such terrorism are excluded from the means tefor the household expenses of the debtor or the debtor's dependents (and in a joint case the debtor's spouse if not otherwise a dependent)...» Benefits received under the Social Security Act, payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes, and payments to victims of international terrorism or domestic terrorism on account of their status as victims of such terrorism are excluded from the means test.

No one can positively say what would happen in a particular case, but in order for a debtor to protect themselves against such wrongful termination by an employer during a bankruptcy, it might be wise to consider retaining a lawyer with that type of experience.

The good news is debtors are wising up to the legal rights they have under the law and are willing to fight against abusive, unfair, or deceptive practices debt collectors have used for years.

The statute of limitations on debt collection is the amount of time a creditor has to take legal action against a debtor to sue them to collect for debts owed.

Tax lien: The IRS or a local taxing authority may file a claim against a defaulting tax debtor's property or assets for overdue or delinquent federal income or real estate taxes.

The debtor will supply the trustee with a list of all legal actions against them (whether pending, started, or completed) and the parties involved are given notice that a filing for a proposal or a bankruptcy has been made and that the stay is in place.

Deals with clients in business litigation such as that between Pillsbury and the SonicBlue board may be perfectly reasonable in most situations, but in bankruptcy, where the interests of creditors are paramount in a debtor - in - possession situation, such a deal undermines the entire process because Pillsbury could not be expected to fully pursue claims against the board if Pillsbury was potentially on the hook for any damages by agreement.

Insolvency deposits go up by 16.5 % for petitions presented after 31 May 2011 (Insolvency Proceedings (Fees)(Amendment) Order 2011 (SI 2011/1167)-RRB--- # 700 instead of # 600 on a creditor's bankruptcy petition, # 525 as against # 450 on a debtor's bankruptcy petition and # 1,165 in place of # 1,000 on a wind...

This time it was purportedly the representative of a Japanese law firm wanting local representation for litigation against debtors in the US.

He engages in a wide range of investment actions for investors, lenders and debtors and acts both for and against financial institutions in disputes with customers, merchants and regulators.

But in this context, they held that it is a reasonable expectation of a debtor for a mortgage lender to provide a discharge statement to another creditor wanting to enforce its rights against that property.

Petitioning creditors in involuntary bankruptcy filings need to be aware that they can be subject to having to pay a debtor's attorney's fees for obtaining a dismissal of the case and also may have to pay bad faith damages (both compensatory and punitive) as well as debtor's fees for prosecuting the bad faith damages case against petitioning creditors.

Entered nondischargeability judgments against bankruptcy debtors after having previously represented the creditor in a Superior Court trial to judgment against the same debtors for theft of trade secrets.

He has acted in a wide range of matters including for example commercial / construction disputes, expropriation of real estate (against TransLink and others), professional negligence claims, debtor / creditor matters, shareholder disputes, insurance matters (including product liability), and lessor / lessee disputes (real estate and vehicles — including Personal Property Security Act and Bankruptcy and Insolvency Act matters), among others.

However, the court confirmed that the enforcement mechanisms provided for in CPLR Article 52 may still be asserted against a bank, and that these mechanisms constitute the exclusive relief available to a judgment debtor when the EIPA has been violated.

An informal court which can be used for smaller claims against retail stores, debtors, and claims arising out of automobile accidents.

Re New Paragon Investments Ltd: [2012] BCC 371 Obtained an order recognising a creditors» voluntary liquidation under the law of Hong Kong as foreign main proceedings for the purposes of the Cross-Border Insolvency Regulations 2006 and a declaration that there was an automatic stay of proceedings against the debtor, including arbitrations.

Attorney General for Saskatchewan v. Lemare Lake Logging Ltd., 2014 SKCA 35 (35923) The Respondent, Lemare Lake Logging Ltd. («Lemare Lake»), a secured creditor, brought an application for the court appointment of a receiver and manager of assets, excluding livestock, against a debtor, pursuant to s. 243 (1) of the Bankruptcy and Insolvency Act.

Lord Sumption held that the cases were authority «for the straightforward proposition that execution can not be levied against a debt if the judgment debtor has parted with his interest in it» (para 68).

When the Husband raised the argument against debtor prison, the Court countered by stating that the facts established «not mere default in payment of an order for payment of money, but a defiance of the court by manipulating, concealing and removing assets from the jurisdiction so as to make execution impossible.»

Where no cause of action is alleged against the person against whom the freezing order is sought, it is not necessary for the substantive claim against the cause of action defendant (i.e. the debtor) to be asserted in the jurisdiction where the Mareva order is sought against the NCAD;

The limitation period shall cease to run when the creditor performs any act which, under the law of the court where the proceedings are instituted, is recognized as commencing judicial proceedings against the debtor or as asserting his claim in such proceedings already instituted against the debtor, for the purpose of obtaining satisfaction or recognition of his claim.

It also provides a precedent (i) for holding the director of the corporate debtor personally liable for oppressive acts, and (ii) for claiming a large punitive damages award against an evasive judgment debtor.

Financial analysis can be elaborately defined as an assessment on, how effective are the investments or funds engaged by the organisation or business, to check the efficiency of funds used for operations, and lastly to secure debtors and claims against the business's assets.

The only recourse in GA for personal creditors in regards to an LLC, is a charging order against debtors share of distributions from LLC.