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.
Judgment creditor: A person who has won
his case against a debtor but who has not yet collected his debt.
Not exact matches
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.
Exemption laws have been enacted by every state as well as the federal government to protect the property of
debtors against the claims of judgment creditors and, once a bankruptcy
case is filed, the trustee.
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.
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.
Some of the more horrific
cases of harassment include using profanity and various types of threats
against debtors.
After reopening her Chapter 7
case in April 2014, the
debtor filed an adversary proceeding
against the DOE to discharge the student loan debt.
Clerks here are exposed to complex commercial
cases, including claims made
against debtors.
Such are
cases commenced by attachment
against the property of
debtors, or instituted to partition real estate, foreclose a mortgage, or enforce a lien.
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.
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.
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.
The nondischargeability judgment allowed the client to enforce the judgment
against the
debtors that would have otherwise been discharged in the bankruptcy
cases.
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.
Lord Sumption held that the
cases were authority «for the straightforward proposition that execution can not be levied
against a debt if the judgment
debtor has parted with his interest in it» (para 68).
Here are a few examples of recent
cases I have handled ***: In a 2011 chapter 13 bankruptcy, I reduced the
Debtors» second mortgage from $ 51,740.57 to $ 10,000.00 through an adversary proceeding
against the lender.