Sentences with phrase «case under the bankruptcy»

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. Bankrubankruptcy 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 stBankruptcy 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 stbankruptcy 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 bankrupBankruptcy 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 & Insolbankruptcy under the Bankruptcy & InsolBankruptcy & 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.&rUnder this decision, an inherited IRA is not exempt from the claims of creditors in bankruptcy under the Bankruptcy Code exclusion for «retirement funbankruptcy under the Bankruptcy Code exclusion for «retirement funds.&runder the Bankruptcy Code exclusion for «retirement funBankruptcy 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.
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