Sentences with phrase «against debtors in»

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

Since a deficiency is an unsecured debt, a creditor holding a deficiency against a debtor can file a claim against the debtor in a chapter 13.

Not exact matches

The Fed already has let them borrow against collateral at way, way more than it is worth — in sharp contrast to how it treats middle - class debtors.

In the next petition the words «debts» and «debtors» bother some people, who prefer «trespasses» and «those who trespass against us.»

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 presbyters must be tenderhearted, merciful toward all, turning back [the sheep] who have gone astray, visiting the sick, not neglecting widow or orphan or poor man, abstaining from all anger, respect of persons, unrighteous judgment, being far from all love of money, not hastily believing [anything] against any one, not stern in judgment, knowing that we are all debtors because of sin.7

The declining purchasing power protects against bad credit of non-bank debtors whilst taking the heat off of moneylenders in regards to allegations of usury.

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.

Debtors in New York are protected against unfair collections practices mainly under two different laws: the New York State Debt Collection Procedures Law and the federal Fair Debt Collection Practices Act.

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 bankruptcy or debtor's court is not an option, or you are interested in correcting your credit report, defending a collection lawsuit, fighting back against abusive debt collectors, or challenging mortgage company abuses, you will have the information you need to decide what to do next.

Under New York law, a judgment creditor may then garnish 10 % of gross wages, put a lien against real estate (but not actually sell the real estate, if it is the debtor's residence, in most cases) and seize bank accounts if the balance is over $ 1,740.00.

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.

The bank typically wants the mortgage debtor to have a significant interest in the house; that's a deterrent to default (the homeowner loses bookoo bux in equity) as well as a hedge against it (yes, the bank can repo the property, sell it, and get their money back).

While the automatic stay is in place, most litigation against the debtor is stayed, or put on hold, until it can be resolved in bankruptcy court, or resumed in its original venue.

An excerpt taken from sub-section (b) of the code states this in relation to private employment: «No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act...»

In In re McNeal, No. 11 - 11352, the court found that once a lien is determined to be wholly unsecured under section 506 (a) it may be stripped off under section 506 (d), which provides «[t] o the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void.»

Sub-section (b) of the code states this in relation to private employment: «No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt

An excerpt taken from sub-section (a) of the code states this in relation to a governmental unit: «a governmental unit may not... deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title or a bankrupt or a debtor under the Bankruptcy Act...»

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 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.

--(1) If the debtor under a debtor - creditor - supplier agreement falling within section 12 (b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

75A -(1) If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.

(e) If a creditor requires any insurance against loss of or damage to any property in which the creditor is given a security interest, the debtor shall have and be given written notice of the option of obtaining the insurance through a person of the debtor's choice.

Small claims courts in Broward and Palm Beach counties are reporting a spike in the number of cases against debtors, who typically owe between $ 2,000 to $ 4,000.

Although there have been many arguments against a debtor's right to reduce the interest rate on certain secured claims, debtors prevailed in the end.

After reopening her Chapter 7 case in April 2014, the debtor filed an adversary proceeding against the DOE to discharge the student loan debt.

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.

In Indiana, bankruptcy provides offers debtors a fresh start because bankruptcy protects consumers against lawsuit from creditors because filing your bankruptcy petition results in an automatic court order called an «automatic stay.&raquIn Indiana, bankruptcy provides offers debtors a fresh start because bankruptcy protects consumers against lawsuit from creditors because filing your bankruptcy petition results in an automatic court order called an «automatic stay.&raquin an automatic court order called an «automatic stay.»

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.

This caused an undesirable barrier to those wishing to register a foreign judgment in the BVI against a foreign judgment debtor from a non-Part 72 country, who had assets in the BVI.

(Defence of undue influence with third party claim in negligence against a firm of solicitors; successful London Mediation at which wife of debtor received enough in damages to secure re-housing).

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...

In circumstances where principles of sovereign immunity fetter the ability of an award creditor to execute against the assets of a state debtor, an alternative route that has gained increasing traction has been the possibility of executing against the assets of a State - Owned Enterprise (SOE) through a legal technique known as «reverse piercing.»

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.

Lead litigation counsel to Arch Coal, Inc. in all aspects of its Chapter 11 reorganization, including successfully defending against a challenge to proposed DIP financing at a contested evidentiary hearing and defending breach of fiduciary duty claims against the debtors» management.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

Represented founder, President, and Chief Executive Officer of a distributor of consumer electronics with gross revenues of approximately $ 20 million in connection with all facets of companies» Chapter 11 bankruptcy cases, including critical strategic planning with respect to $ 45 million federal court judgment against Debtor - companies and their President.

Peter counseled a large accounting firm in a bankruptcy trustee's investigation of potential claims against a debtor's insiders and other service providers.

Just before Christmas the Ontario Court of Appeal released a split, 3 - 2, decision in a case that pitted the privacy rights of judgment debtors against the execution rights of judgment creditors.

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.

Finally, any payments received by debtors must be placed in a trust account by the debt adjuster and their services billed against the trust account.

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.

Successfully brought nondischargeability claims based on embezzlement and fraud against a business owner in bankruptcy, allowing the remaining business owners to obtain debtor's shares in the company.

The nondischargeability judgment allowed the client to enforce the judgment against the debtors that would have otherwise been discharged in the bankruptcy cases.

Private investors — High Court proceedings against a Russian bank in claims exceeding # 25m under bonds on which the debtors have defaulted.