Sentences with phrase «claims against creditors»

We file lawsuits and claims against creditors and take the offensive.

«Violations of the ATR requirements can lead to affirmative claims against creditors and defensive claims against assignees for potentially significant monetary damages consisting of actual damages, $ 4,000 in statutory damages, a refund of finance charges paid at closing, and three years of interest actually paid and attorneys» fees.

Keep in mind, that the Settlement Proposal also typically includes Claims against the creditor as well (see collection abuses) which makes the offer VERY APPEALING!

And this is especially true if there are counter claims against the creditor as well due to collection abuses.

--(1) If the debtor under a debtor - creditor - supplier agreement falling within section 12 (b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

75A -(1) If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.

Not exact matches

Junior creditors led by Appaloosa Management remain the biggest hold - outs in the CEOC bankruptcy, and have said they have as much as $ 12 billion in claims against Caesars Entertainment and its private equity backers, Apollo Global Management LLC and TPG Capital LP.

Your creditors would have a claim against you for the amount owed to them before the proposal, minus any amount you paid them during the proposal.

Since in this liquidation bankruptcy your creditors can stake claim on your properties, make sure that you don't have assets that are valuable enough for the creditors to file against.

The FCRA (Fair Credit Reporting Act) and the FDCPA (Fair Debts Collections Practices Act) protect your rights and hold creditors and credit bureaus legally responsible for all claims they make against you.

Lastly, the Act provided a means by which debtors may dispute and validate the debt claimed against them by the debt collector and or original creditor.

You might also want to set up your business as an S corporation or limited liability company, which can protect your personal finances from claims against your business by creditors.

Unsecured debt is held by creditors that have no claim to your assets, unless they file suit against you (i.e. credit cards).

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.

Then, against my creditor claim I have lost $ 50,000.

Banking laws prevent creditors from claims or liens against mutual fund assets held by a bank custodian.

Creditors only have a set period of time to make a claim against an estate.

You wait for 60 days to see if any of your creditors will make claims against you for the debts you owe them.

During bankruptcy, you can surrender property and it can be sold to as much of the debt as possible to the creditor that holds the secured claim against it.

Since a deficiency is an unsecured debt, a creditor holding a deficiency against a debtor can file a claim against the debtor in a chapter 13.

Judgments are especially difficult simply because the creditor has a legal monetary claim against you.

That means creditors who have claims against you can go after you for payment.

Fred got two months into it and then he got a notice from small claims court, one of his creditors was taking legal action against him.

Deals with clients in business litigation such as that between Pillsbury and the SonicBlue board may be perfectly reasonable in most situations, but in bankruptcy, where the interests of creditors are paramount in a debtor - in - possession situation, such a deal undermines the entire process because Pillsbury could not be expected to fully pursue claims against the board if Pillsbury was potentially on the hook for any damages by agreement.

Appearing on behalf of creditors in a debt claim against a guarantor, where the guarantor alleged that his signature had been forged.

It may seem tempting to declare bankruptcy to avoid the long arm of the FRO; however, your support arrears merely become a claim that is made against your estate, with the FRO dealing directly with the bankruptcy trustee like any other creditor.

Before any debts of the estate are paid, the executor or administrator should see to the publication of the proper advertisement for creditors, claims and other claims against the estate.

The Protection from Harassment Act 1997 allows for injunctions and damages against creditors who go too far and there has been a proliferation of these claims.

Incorporation protects your personal assets from lawsuits against your nonprofit and its creditor claims.

Mr. Martin uses his extensive knowledge and experience of Massachusetts» pre-judgment remedies to obtain judgments, executions on judgments, and payment on judgments for creditors with claims against persons and entities who fail to pay their debts.

Creditors, for example, get 6 months in which to make their claims against the estate and the executor has 3 months to make a decision to dispute a claim.

The automatic stay is a court order that freezes lawsuits, claims against your property and collections by creditor while your financial situation is sorted out.

James H. Wilson, Jr.'s, past experience representing creditors helps him know the perspective of the other side to help you in defending yourself against creditors and their claims.

It was held that a creditor includes any person with an existing claim or action against the corporation.

Also worth noting that distributions to heirs at law, which is the formal name for people who take via intestacy statutes, are often inferior, at least in part, to the claims of creditors against your probate estate, although sometimes a family provision or «exempt property» or a joint tenancy or beneficiary designation, will have priority over a creditor's claims.

She frequently represents insolvency practitioners, companies and creditors in matters including applications for administration orders, contentious winding up proceedings, and claims against office - holders.

In 2007, a federal court dismissed Flury's claim against a series of creditors.

In 2008, another federal court harshly dismissed his claims for violations of the Fair Credit Reporting Act against two other creditors, noting that Flury had «filed eleven lawsuits against various defendants over the last four years, and with the exception of one case that ended in a default judgment, plaintiff has voluntarily dismissed every action once the defendant moved to dismiss the case or otherwise responded to the complaint.»

A judgment lien is a court ordered claim against real property, usually after a creditor has sued and obtained a judgment in the case.

Publication makes certain all unknown creditors have an opportunity to present their claims against the estate.

Once notified, all creditors have the chance to inform you of their claim against assets in the estate.

You are the executor, personal representative or attorney for a deceased's estate and are required to notify all potential creditors of their opportunity to present a claim against the estate.

U.S. Bankruptcy Judge Kevin Gross and Justice Frank Newbould said in separate opinions that each regional business would receive cash to pay its creditors based on their claims against it as a percentage of the overall claims worldwide.

The plaintiff also alleges that before abandoning the lease, Dynasty transferred funds and assets to various corporations and individuals and claims a declaration that Dynasty's alleged transfer of monies, assets, business and opportunities from itself to the co-defendants Polar Spas Ontario Inc. and 732311 Alberta Ltd., and its transfer of monies or assets to the defendant Williams and to the co-defendants Marsall Brent and Ken Nikel are void as against Dynasty's creditors as fraudulent conveyances.

He has acted in a wide range of matters including for example commercial / construction disputes, expropriation of real estate (against TransLink and others), professional negligence claims, debtor / creditor matters, shareholder disputes, insurance matters (including product liability), and lessor / lessee disputes (real estate and vehicles — including Personal Property Security Act and Bankruptcy and Insolvency Act matters), among others.

If the Court were to hold that [an individual who was owed commissions] is «oppressed» (within the meaning of the Act) as a result of this element only, it would be tantamount to say that any person or corporation having a claim to assert against a corporation would automatically qualify an «oppressed creditor.»

Perhaps this distinction is why some courts might be tempted to try to re-cast a spouse's entitlement, to maximize the possibility that his or her valid family law - related claim against the bankrupt spouse — essentially in creditor / debtor roles — will be more likely to be preserved and enforced after the bankruptcy.

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.

Representing an investment company specializing in structured financial products against claims of fraudulent transfers and preferences in trustee litigation relating to an alleged Ponzi scheme, and in separate claims by a creditor group for alleged aiding and abetting the Ponzi scheme.

He is currently acting for a judgment creditor seeking to enforce a substantial judgment against one of two former partners in the business who claims not to have been a partner at the material time and for the Defendant in a # 40 million claim for repayment of a loan to his construction company backed by a personal guarantee and a charge over property.