Sentences with phrase «against the debtor»

A lien allows the creditor who has obtained a judgment against a debtor to have a judgment attached to the debtor's assets, such as real estate.

Generally, the automatic stay in bankruptcy prohibits all attempts to collect money from the debtor as well as the commencement of any legal actions against the debtor during the course of the bankruptcy.

Furthermore, unless a collection agency has won a lawsuit against a debtor, it can't legally seize assets from a debtor or physically harm or threaten a debtor to make payment.

The second mortgage was enforceable against the debtor but not the mother.

The creditor has to take legal action directly against the debtor which takes a lot longer.

In judgments that require the repayment of a debt, the court may place a lien against the debtor's real property as collateral for the judgment's creditor.

Many Judges look at the short - term zero payment and rule against the debtor because there is no way a person can not afford a zero dollar payment.

They are stretching, and accepting terms not adjustable in favor of the debtor, or can be adjusted against the debtor.

There are certain situations where a creditor can collect a debt from a third party without first getting a judgment against the debtor.

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.

In this case, the creditor may bring two or more claims against the debtor in Small Claims Court as long as each claim is under the limit.

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

According to a CMHC spokesperson, your mortgage lender was «responsible for obtaining an enforceable judgment against all debtors for the amount of the loss... and [must then] transfer this judgement to CMHC for recovery and collection purposes.»

Re Namirei - Showa Co Ltd: UNCITRAL Case 1004: ChD (Companies Court) 16/10/2008 Obtained an order recognising Japanese insolvency proceedings as foreign main proceedings under the Cross-Border Insolvency Regulations 2006 and a declaration that there was an automatic stay of proceedings against the debtor, including in relation to two arbitrations.

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.

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.

However, under a Brunner analysis, if the bankruptcy court finds against the debtor on any of the three prongs of the test, the inquiry ends and the student loan is not dischargeable.

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

Representing a technology company in adversary proceeding against the debtor stemming from share repurchase agreement.

Last year, roughly 1600 law suits were filed against debtors, and those who could not pay had their loans sent to a collection agency.

In this event, the victim can pursue collection of the restitution order as a civil judgment, with all of the rights and remedies of any creditor against a debtor.

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.

After the initiation of Chapter 7 or Chapter 13 Bankruptcy an automatic stay will stop creditor collection actions against the debtor by credit agencies.

Student - loan debt collectors should be brought under control and some limit should be placed on the amount of fees and penalties that can be assessed against debtors who default on their loans.

Some of the more horrific cases of harassment include using profanity and various types of threats against debtors.

Our attorneys also coordinated litigation through local counsel against the debtor's parent corporation in Taipei, obtaining attachments on all of the parent company's assets.

Clerks here are exposed to complex commercial cases, including claims made against debtors.

Interim charging order — bankruptcy petition issued against debtor — final charging order — bankruptcy order.

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 knowing the legal subtleties of «Satisfactions» and relying upon the misrepresentations of one of the debtors regarding its legal effect, the clients inadvertently filed the Satisfaction, which obliterated their Judgment against the debtors.

The court has powers to make disqualification orders, bankruptcy restriction orders, interim bankruptcy restrictions orders and bankruptcy restriction undertakings where the court makes a formal bankruptcy order against the debtor under the Personal Over-Indebtedness Procedure.

Represented major insurance company in adversary proceeding involving claims of fraud, unfair trade practices, and successor liability against debtor in possession.

The Seventh Circuit decided, under ancillary jurisdiction principles, that the bankruptcy judge had the ability to determine fee entitlement in post-dismissal proceedings so that claimants could purse state court collection remedies against the debtor (given that the bankruptcy case dismissal revested assets in the debtor rather than the debtor's estate).

However, the Seventh Circuit was careful to distinguish post-dismissal fee entitlement (a ruling the bankruptcy judge could make) from an order to pay fees (something which couldn't be done because there was nothing in the bankruptcy case from which to order payment, so the route to go was state court collection efforts against debtor).

Automatic stay: An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activity against the debtor the moment a bankruptcy petition is filed.

a) a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance; b) a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance.

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

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.

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.

Judgment creditor: A person who has won his case against a debtor but who has not yet collected his debt.

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.

One of the benefits of filing bankruptcy is the automatic stay that generally prevents creditors from proceeding against the debtor, the debtor's property, or property of the estate to collect a pre-filing debt.

Its importance lies in the fact that the creditors a debtor owes money to can not continue with most legal actions against the debtor.

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

According to bankruptcy law, filing a bankruptcy petition initiates an «automatically stay» which stops most collection actions against the debtor or the debtor's property (11 U.S.C. & 362), although the automatic stay will not stay certain types of actions and for some situations it may only be in effect for a short time.

Mortgages that are against the debtor's house and where the repayment period extends beyond the end of the plan can not be modified in Chapter 13, but here, where the repayment period was within the plan period, the debtor could bifurcate, or divide, the mortgage into a secured and unsecured portion and pay off the unsecured part as an unsecured claim.

Filing a lawsuit against a debtor is a long process.