debtor obtains financial relief and undergoes a judicially supervised reorganization or liquidation of the debtor's assets for the benefit of creditors;
a case under the Bankruptcy Code.»
Our attorneys have been actively involved in numerous Chapter 15
cases under the Bankruptcy Code, and are comfortable coordinating with local counsel in various foreign countries to achieve results in cross-border insolvency proceedings.
Not exact matches
The
case concluded in just
under 16 months, lightning speed by
bankruptcy standards.
These transfers are done through
bankruptcy proceedings, the liquidation of corporate or personal assets
under distress conditions and (in the
case of government debts) privatization sell offs.
The conversation touched on the sensational
case that brought Gawker into
bankruptcy and ultimately a sale to Univision, First Amendment rights and the media landscape
under Trump.
The last day of 2012 is the first of a new era for Tribune Co.After spending more than four years embroiled in a contentious Chapter 11
bankruptcy case, the reorganized Chicago - based media company will emerge Monday
under new owners and a newly...
If,
under the standards in the law, the consumer is found to have a certain amount left over that could be paid to unsecured creditors, the
bankruptcy court may decide that the consumer can not file a chapter 7
case, unless there are special extenuating circumstances.
Under the Chapter 7, the
bankruptcy court orders an appointed
case trustee to sell your properties and distribute the proceeds to your creditors based on the priorities established in the Code.
If it's really the
case that 2 / 3rds of the cheapest price to book stocks go
under then screening out those
bankruptcy candidates by simply insisting on a tiny debt to equity ratio would have a powerful effect on your portfolio.
When a Chapter 7
case is filed, all of the debtor's property is temporarily
under supervision of the
bankruptcy court and a
case trustee.
And other than in rare
cases, student loans can not be discharged in
bankruptcy, giving them the distinction of being one of the very few debts a distressed borrower can never climb out from
under.
If my
case is dismissed
under a presumption of abuse, when will I be able to refile Chapter 7
bankruptcy?
Unlike
under Chapter 7, local
bankruptcy law usually sets the «presumptively reasonable» attorney fees for Chapter 13
cases.
All
bankruptcy cases are handled in federal courts under rules outlined in the U.S. Bankru
bankruptcy cases are handled in federal courts
under rules outlined in the U.S.
BankruptcyBankruptcy Code.
... all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debt consolidation, relief
under the
bankruptcy law, or preparation of a petition in
bankruptcy within one year immediately preceding the commencement of this
case.
Under Bankruptcy Law, your non-exempt property may be sold to pay some of your debts, however, only a small percentage of
cases have property sold.
In addition, the court may dismiss the
case or convert the
case to a liquidation
case under chapter 7 of the
Bankruptcy Code upon a showing that the debtor has committed fraud in connection with the
case.
The Means Test was designed to determine whether or not you qualify to file a
case under chapter 7 of the
Bankruptcy Code, and if not, how much you need to pay your unsecured creditors in a chapter 13
case.
A municipal
bankruptcy shares some similarities with Chapter 13 personal
bankruptcy cases, but it is more like a corporate
bankruptcy filed
under Chapter 11.
In most
cases (probably 90 percent or more), the
bankruptcy judges rule that student loan debtors do not qualify for
bankruptcy relief
under the «undue hardship» test.
A Chapter 13
bankruptcy does not disqualify a Kentucky Borrower from obtaining an Kentucky FHA - insured Mortgage, if at the time of
case number assignment at least 12 months of the payout period
under the Chapter 13
bankruptcy has elapsed.
In a Chapter 7
case, the most common type of personal
bankruptcy, the court doesn't allow an individual to keep their assets, but most exemptions allowed
under state and federal law are large enough to cover a secured debt such as a house mortgage a car loan.
One point of clarification / explanation: When we speak of married couples «both filing for
bankruptcy,» we're talking about a joint petition in which one
case is filed
under the names of both parties.
Bankruptcy courts take very serious their obligation under bankruptcy laws to provide a certain level of protection to both creditor and debtor while allowing the honest person to work their way out of a bad financial situation, or in some cases, to completely st
Bankruptcy courts take very serious their obligation
under bankruptcy laws to provide a certain level of protection to both creditor and debtor while allowing the honest person to work their way out of a bad financial situation, or in some cases, to completely st
bankruptcy laws to provide a certain level of protection to both creditor and debtor while allowing the honest person to work their way out of a bad financial situation, or in some
cases, to completely start fresh.
(1) is or has been a debtor
under this title or a debtor or bankrupt
under the
Bankruptcy Act; (2) has been insolvent before the commencement of a
case under this title or during the
case but before the grant or denial of a discharge; or (3) has not paid a debt that is dischargeable in a
case under this title or that was discharged
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.
Also, it might be a good thing to remember that 81 % of the
cases dismissed
under the new
Bankruptcy Code established in 2005 were filed by debtors who did so without an attorney.
You do have to make
bankruptcy payments as part of the cost of
bankruptcy however in most
cases these are less than the minimum payments you are struggling
under today.
The Ninth Circuit considered a
case that left a debtor with a $ 68 monthly payment on the undischarged portion, based on the
bankruptcy court's finding that a monthly 401 (k) contribution of $ 68 was not «reasonably necessary» to the debtor's «minimal standard of living»
under Brunner.
If you go bankrupt
under the MAP rules but later have a change in circumstances, your
case may be moved onto the standard
bankruptcy rules.
A Chapter 7
bankruptcy is normally concluded in most
cases in six months or
under, so some question the wisdom of buying a house during this time.
The
Bankruptcy Code provides circumstances under which creditors of a single asset real estate debtor may obtain relief from the automatic stay which are not available to creditors in ordinary bankrup
Bankruptcy Code provides circumstances
under which creditors of a single asset real estate debtor may obtain relief from the automatic stay which are not available to creditors in ordinary
bankruptcybankruptcy cases.
In that
case then yes, you should look at filing a proposal or personal
bankruptcy under the Bankruptcy & Insol
bankruptcy under the
Bankruptcy & Insol
Bankruptcy & Insolvency Act.
The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations about the length of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued collection efforts, including lawsuits, and that their account balances will increase due to extended nonpayment
under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of
bankruptcy as an alternative for debtors; (6) lack of screening and analysis to determine suitability of debt relief programs for individual debtors; (7) the collection of substantial up - front fees so the debt relief company gains even if it fails to perform; (8) lack of transparency and information for consumers as to payment of fees, status of accounts, and communications with creditors; (9) significant delays in active negotiation or engagement with creditors, coupled with prohibitions on direct consumer communications with creditors; and (10), in the
case of debt settlement companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.
Bankruptcy protection is extended once you've completed the mandatory credit counseling, required under the new bankruptcy laws, and filed your case with
Bankruptcy protection is extended once you've completed the mandatory credit counseling, required
under the new
bankruptcy laws, and filed your case with
bankruptcy laws, and filed your
case with the Court.
The protection
under bankruptcy law is extended after you attend the mandatory credit counseling required
under the new
bankruptcy laws and you file your
case with the Court.
In this
case, because of the husband's assignment in
bankruptcy, the wife should have obtained a court order under Section 69.4 of the Bankruptcy and Insolvency Act for leave to pursue
bankruptcy, the wife should have obtained a court order
under Section 69.4 of the
Bankruptcy and Insolvency Act for leave to pursue
Bankruptcy and Insolvency Act for leave to pursue her claim.
In a nutshell, the controversy concerned the Commission's position that there is (illegal) State aid where the legal form and status of EICCs shield them from general rules on
bankruptcy and winding up
under the relevant national legislation (in the
case, French law).
United States Trustees supervise the administration of the following
cases filed
under the Federal
Bankruptcy Code:
We structured a settlement of both
cases in which the assets
under attachment by our client would be used to fund the
bankruptcy plan, resulting in payment in full to our client on its settled claim.
We have represented secured and unsecured creditors, creditors» committees, state regulatory agencies, financial institutions, lessors of both real and personal property, asset purchasers in sales
under Section 363 of the
Bankruptcy Code, and bondholders» interests in many
cases, including large, complex Chapter 11
cases.
During the meeting, the trustee in your
case will ask you some questions
under oath to verify the information in your
bankruptcy paperwork.
The first
case study is an analysis of various lawyers» and law firms» blogs about the 2014 Supreme Court
case of Clark v. Rameker, [37] which addresses whether inherited IRAs are exempt from a debtor's
bankruptcy estate
under the exemption for retirement funds.
The sentence stating the
case's holding did boldface and italicize the key word «not»: «
Under this decision, an inherited IRA is not exempt from the claims of creditors in bankruptcy under the Bankruptcy Code exclusion for «retirement funds.&r
Under this decision, an inherited IRA is not exempt from the claims of creditors in
bankruptcy under the Bankruptcy Code exclusion for «retirement fun
bankruptcy under the Bankruptcy Code exclusion for «retirement funds.&r
under the
Bankruptcy Code exclusion for «retirement fun
Bankruptcy Code exclusion for «retirement funds.»
The first two
cases each involved a driver with an outstanding debt imposed
under provincial legislation; each subsequently declared, and was discharged in,
bankruptcy.
These figures may have changed since our last update and DO NOT include
bankruptcy attorney fees, which vary depending upon location, the complexity of your
case and a variety of other factors, any where from
under $ 1,000 to more than $ 5,000.
We represent debtors, secured and unsecured creditors, creditors committees, shareholders, asset purchasers, lenders, and trustees and examiners in all aspects of business reorganization
cases under Chapter 11 of the United States
Bankruptcy Code.
The length of your
case will depend on whether you file
under Chapter 7 or Chapter 13
bankruptcy.
We represent parties in all facets of Chapter 11 reorganization and Chapter 7 liquidation
cases under the United States
Bankruptcy Code.
Conceding that this may appear unfair, the Court also pointed out that the wife's equalization claim in this
case was based primarily on the value of a single asset: the farm property, which happened to be exempt from
bankruptcy under Manitoba legislation and therefore not accessible to creditors.