Sentences with phrase «bankruptcy proceeding»

Since in a bankruptcy proceeding unsecured creditors generally get paid before common shareholders, creditors who are afraid they might lose their investment can sometimes force a bankrupt company to accept a bid that undervalues its stock, notes Todd Sullivan, a Massachusetts - based investor and author of the Value Plays blog.

Although none of this information had been properly recorded, the Seller knew he was the owner of the Property and the Seller had acknowledged this fact during a bankruptcy proceeding which concluded in 1991.

The Buyer misunderstood the effect of the Licensee's conversion to a chapter 13 bankruptcy, as she thought the entire bankruptcy proceeding was complete.

If this happens and you have an indemnity clause in your decree, you can sue your spouse to enforce the clause, thereby increasing your chances of getting repaid, perhaps getting your reimbursement from assets that were exempt from your ex-spouse's bankruptcy proceeding.

Having the ability to retain most of your assets and emerge relatively unscathed from a bankruptcy proceeding sets you up for quicker financial success.

If however you are in the midst of a chapter 11,12, or 13 bankruptcy proceeding, you might be able to qualify for coverage if you are making regular debt payments.

From a practical perspective the four main difficulties are that (1) people convicted of crimes often lack the income or assets to pay judgments, (2) there are double recovery issues involved in reconciling restitution awards in a criminal case (where the measure of damages is narrower) and damage awards in a civil case (where the measure of damages is broader), (3) there are priority issues involved in reconciling criminal awards for fines, restitution and costs, in each case with civil awards for damages, and (4) if the defendant declares bankruptcy, the non-dischargeability of the civil judgment must be affirmatively raised and proved (often this is elementary but there are strict time limits) in the bankruptcy proceeding.

Successfully defending banking client's status as first priority secured creditor in disputed bankruptcy proceeding

Does it matter whether it is a criminal case, a civil case or — as here — a regulatory investigation (in a bankruptcy proceeding)?

His bankruptcy proceeding discharged the 1996 judgment debt.

Representation of EDAP in Massachusetts state court intellectual property action seeking injunction ordering U.S. subsidiary of bankrupt French medical device manufacturer to deliver records from clinical trials of investigational device to which EDAP had purchased rights in French bankruptcy proceeding

U.S. Bankruptcy Court Judge Sidney Brooks was clearly a bit frustrated with one party in a bankruptcy proceeding who failed to give the court reasons for its request for certain sworn testimony, and then referenced the «reasons above» in making the request.

In a bankruptcy proceeding, particularly if a trustee has oversight of the bankrupt policy buyer, paying insured individuals top dollar for their policies is probably not the first priority, said Michael D. Myers, a partner at McClanahan Myers Espey LLP in Houston.

In return for the payment, insolvent Nortel affiliates in Europe will drop claims seeking more than $ 3 billion from Nortel's U.S. bankruptcy proceeding.

The fee dispute originated when Caplin & Drysdale submitted a request for legal fees to the Eastern District of Louisiana for work performed on a Chapter 11 bankruptcy proceeding involving Babcock & Wilcox.

Often when an apartment building or a hotel goes into bankruptcy, the court will appoint a receiver to manage the building until the bankruptcy proceeding has been concluded and the creditors have been paid.

In situations outside a formal bankruptcy proceeding, this could result in different treatment of pension benefits in different provinces depending on the wording of the provincial legislation, so long as it is not inconsistent with the interim financing provisions in the CCAA.

A judge who's calling escalating prices on the court's time has given the parties in a bankruptcy proceeding just two weeks to file a joint litigation plan after he took over aggressive management of the case.

«Nothing in this order shall prevent the plaintiff and defendant from being fully discharged from the debts allocated in this order in a bankruptcy proceeding except for any orders expressly for spousal support ann the following debts.»

Appeal Dismissed Because Unscheduled Property Can not Be Abandoned at Close of Bankruptcy Proceeding.

Subsequently, the trial judge awarded $ 294,271 in attorney's fees to District and against Roosevelt Lofts under the «tort of another» doctrine for work associated with a bankruptcy proceeding, the underlying action (especially an appeal), and a quiet title against another party basically affiliated with Roosevelt Lofts.

A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors.

Often, if the issue is addressed ahead of time, these 1099 - C forms can be avoided, or you can have the tax on them included as part of your overall bankruptcy proceeding.

In the past five (5) years, none of the Stockholder Nominees has been a party to or convicted in any legal or bankruptcy proceeding or subject to any judgment, order or decree of the type described in Item 401 (f) of Securities and Exchange Commission («SEC») Regulation S - K.

Most creditors are willing to accept payments of much less than the balance owed in order to close out an account rather than lose the entire amount in a bankruptcy proceeding.

For whatever reason, the IRS will not negotiate with you — at all — if your» e undergoing any form of bankruptcy proceeding, so don't expect the file bankruptcy on your debt, then negotiate down the amount you owe the IRS.

If your Account is 180 days past due, part of a bankruptcy proceeding or otherwise charges off, the entire balance is immediately due and payable.

Please note that once your bankruptcy proceeding has started you must also attend a Post-Filing Debtor Education couneling session.

In April 2012, three representative plaintiffs brought the class action lawsuit to the Ontario Superior Court of Justice in Toronto on behalf of all drivers who incurred tolls and / or additional charges to the 407 ETR, and had their license plate denied after they had filed a consumer proposal or a bankruptcy proceeding.

Under the heading of ironic debt relief outcomes, one of the major debt settlement players, World Law Debt and Orion Processing, recently filed a Chapter 11 bankruptcy proceeding.

If you have a current bankruptcy proceeding, you may need to get permission from the court to obtain a loan from us.

- You are subject to any legal or administrative orders or levies; liens against your account; or you are currently a party in a bankruptcy proceeding.

Oftentimes a bad debt is still left on your report without a notation that it was included in your bankruptcy proceeding.

Bankruptcy and My Bills The underlying policy of bankruptcy law is that the honest debtor who is in debt beyond his or her ability to repay the debt should be given a fresh start through the discharge of debts in a bankruptcy proceeding.

They are certainly one of the three types of claims that can receive payment during a bankruptcy proceeding.

The assets of the individual will be reviewed and possibly liquidated in order to satisfy debts as a part of a bankruptcy proceeding.

I think of theses courses as the ticket in and the ticket out of the bankruptcy proceeding.

Except in a select few circumstances, discharging your federal student loan in a bankruptcy proceeding is rarely allowed.

In addition, the court can deny you your discharge, or dismiss or convert your bankruptcy proceeding.

If your employer or landlord is a creditor, it must be listed as a creditor on the schedules and will receive notice of the bankruptcy proceeding.

In addition, in a bankruptcy proceeding, preferred stock holders take priority over common stock holders.

It will depend on the individual situation, and in a bankruptcy proceeding, the question of house or car ownership can be moot.

Equity holders incur greater risk than debt holders because equity holders do not enjoy priority in a bankruptcy proceeding.

The other major impact of this ruling is that license plate renewals can not be withheld over an unpaid 407ETR debt if you are a discharged debtor because all 407ETR debts are dischargeable under a bankruptcy proceeding or consumer proposal.

However, in most cases, student loans are non-dischargeable in a bankruptcy proceeding.

I do not believe, nor has a case been made, that demonstrates that there is a difference to be made between a debtor owing consumer debts which they are unable to pay, and student loan debts that the debtor has no way of resolving outside of a bankruptcy proceeding.

There are very few things that you can do to your credit that will have the long - lasting negative consequences of filing a bankruptcy proceeding.

Priority claims, which must be fully paid, include the cost of the bankruptcy proceeding and taxes owed.

Most creditors are willing to accept payments of much less than the balance owed to close out an account rather than lose the entire amount in a bankruptcy proceeding.

If you use your credit cards or receive a cash advance to purchase non-necessities just before declaring bankruptcy, such purchases are generally not dischargeable in a bankruptcy proceeding.