Sentences with phrase «court under chapter»

The Federal Circuit Court of Australia was established by the Federal Circuit Court of Australia Act 1999 (the Act) as an independent federal court under Chapter III of the Australian Constitution.

Not exact matches

Under Chapter 11 protection, Kanojia said Aereo can «maximize the value of its business and assets without the extensive cost and distraction of defending drawn out litigation in several courts.»

The balance sheet restructuring will be effectuated through a pre-packaged joint plan of reorganization to be filed in the United States Bankruptcy Court for the District of Delaware in connection with the Company's filing of voluntary petitions for reorganization under Chapter 11 of the United States Bankruptcy Code.

For example, under Chapter 19 of the agreement, which the US wants to eliminate, Canada and Mexico can take their complaints against the US over certain kinds of tariffs to a special international court.

And unlike Detroit, which was able to file under Chapter 9 of the U.S. bankruptcy code, there's no court process under which Puerto Rico can restructure its debts — unless Congress changes the law.

But Morris was back in bankruptcy court the next year, this time filing again under Chapter 13.

In December, I reported on this blog about the oral argument before the Texas Supreme Court on behalf of Neighborhood Centers, Inc. (BakerRipley) which had been sued for retaliatory termination under the Texas Whistleblower Act, Chapter 554 of the Government Code.

He served as a middle school teacher and union chapter leader, and spent seven years as a school principal, first at a district middle school and then as the founding principal of a charter high school serving over-age and under - credited students who were court - involved or in foster care He comes to Parent Revolution with a deep belief that all students, from all communities and in all kinds of situations, deserve excellent schools and the opportunities afforded by a high quality education.

Until such time as rules are adopted under chapter 131 of this title relating to the disqualification of neutrals, each district court shall issue rules under section 2071 (a) relating to the disqualification of neutrals (including, where appropriate, disqualification under section 455 of this title, other applicable law, and professional responsibility standards).».

«(a) FILING AND EFFECT OF ARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitration.

(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.

«(d) CONFIDENTIALITY PROVISIONS - Until such time as rules are adopted under chapter 131 of this title providing for the confidentiality of alternative dispute resolution processes under this chapter, each district court shall, by local rule adopted under section 2071 (a), provide for the confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communications.».

«(a) COMPENSATION - The district court shall, subject to regulations approved by the Judicial Conference of the United States, establish the amount of compensation, if any, that each arbitrator or neutral shall receive for services rendered in each case under this chapter.

«(b) AUTHORITY - Each United States district court shall authorize, by local rule adopted under section 2071 (a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654.

You may not file under any chapter if within the preceding 180 days you had a prior bankruptcy petition dismissed due to your willful failure to appear before the court or comply with court orders, or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property on which they hold liens.

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.

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.

Under Chapter 11, your business can not file bankruptcy if, in the last 180 days, you had a bankruptcy petition dismissed because you did not appear in court.

In this court administered financial fresh start approach about 70 percent of consumers obtain a total discharge of their debt under a Chapter 7 bankruptcy in a matter of months.

However, certain debts are not dischargeable under Chapter 7; most student loans, recent taxes, alimony, child and court ordered support payments and drunk driving judgment.

A debtor can not file under chapter 12 (or any other chapter) if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens.

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.

If ever the court denies approving your petition, under the law, you may still file for Chapter 13 bankruptcy.

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.

(3) Any creditor licensed under this chapter adjudged after May 20, 1996 by a court of competent jurisdiction in any civil action to be in deliberate violation of or in reckless disregard for this chapter shall within 10 days of such adjudication forward a copy of the judgment to the administrator.

Upon your final payment under your Chapter 13 repayment plan, you will receive your formal discharge notice from the court.

A voluntary bankruptcy is commenced when you file a petition with the Bankruptcy Court requesting protection from your creditors under Chapter 7 or Chapter 13.

The U.S. Trustee's Office will then review the case and either (1) ask the Court to dismiss the case or require the debtor to convert the case to a Chapter 13 or (2) agree that the case is not abusive and should be allowed to proceed under Chapter 7.

Under Chapter 13, the court will take your disposable income for payment of creditors for 3 to 5 years.

Therefore, the clerk of court will issue a discharge in a Chapter 13 as soon as practicable after the trustee notifies the court that the debtor completed all payments under your plan, which may span 3 - 5 years.

Although a chapter 13 debtor generally receives a discharge only after completing all payments required by the court - approved (i.e., «confirmed») repayment plan, there are some limited circumstances under which the debtor may request the court to grant a «hardship discharge» even though the debtor has failed to complete plan payments.

Under Chapter 7, the corporation is liquidated after the federal courts have determined that a reorganization is not worthwhile.

An individual also must receive credit counseling months before filing for Chapter 7 (with few exceptions), and can not file under Chapter 7 or any chapter if a prior bankruptcy petition recently was dismissed by the court or Chapter 7 (with few exceptions), and can not file under Chapter 7 or any chapter if a prior bankruptcy petition recently was dismissed by the court or Chapter 7 or any chapter if a prior bankruptcy petition recently was dismissed by the court or chapter if a prior bankruptcy petition recently was dismissed by the court or debtor.

About 37 percent, up from 34 percent in 2014, were filed under chapter 13, in which individuals who have regular income and debts below a statutory threshold make installment payments to creditors under court - confirmed plans.

Under Title 21, Chapter 67, § 1680.4, within seven days of a seizure, the agency that seized the animals will ask its district attorney to file a petition with the courts to mandate that a person pay «reasonable costs» for the care and feeding of the animals throughout the court case.

The YMCA of Greater Pittsburgh has filed for a formal reorganization under Chapter 11 in U.S Bankruptcy Court for the Western District of Pennsylvania.

Under current law (Chapter 821B of the Health & Safety Code) when law enforcement officers seize cruelly treated animals the trial to determine whether or not the owner will be divested of ownership is held within 10 days in a Municipal or Justice of the Peace Court and the decision of that court is final and not appealaCourt and the decision of that court is final and not appealacourt is final and not appealable.Â

The Court further reminded that the Qualification Directive (Directive 2011 / 95 / EU) requires the Member States to grant the refugee status when a third country national or a stateless person meets the relevant conditions under that Directive, and then pointed out that «after the application for international protection is submitted in accordance with Chapter II of Directive 2011/95, any third - country national or stateless person who fulfils the material conditions laid down by Chapter III of that directive has a subjective right to be recognised as having refugee status, and that is so even before the formal decision is adopted in that regard».

The fact that the EUSFTA does not explicitly allow for cross-suspension (for instance, suspending the reduced tariff rates for certain categories of imported goods in the event of a breach of one of the environmental provisions), did not deter the Court from finding that a breach of Chapter 13 could constitute a material breach of the Treaty and therefore authorising the Parties to suspend the agreement under international treaty law.

Indeed, the Court considers that the sustainable development chapter «plays an essential role in the agreement» (para. 162) and that the agreement operates under a form of conditionality «by making liberalisation of that trade subject to the condition that the Parties comply with their international obligations concerning social protection of workers and environmental protection» (para. 166).

The $ 575 million asset sale, approved by the Ontario Superior Court of Justice and the U.S. Bankruptcy Court for the District of Delaware, represents a new chapter for PSG, which commenced concurrent creditor protection proceedings in Toronto and Wilmington on October 31, 2016 under Canada's Companies» Creditors Arrangement Act and under Chapter 11 of the U.S. Bankruptcchapter for PSG, which commenced concurrent creditor protection proceedings in Toronto and Wilmington on October 31, 2016 under Canada's Companies» Creditors Arrangement Act and under Chapter 11 of the U.S. BankruptcChapter 11 of the U.S. Bankruptcy Code.

Under Chapter 13 bankruptcy, debtors are required to create a 3 - 5 year repayment plan to submit to the bankruptcy court for approval.

The Supreme Court analyzed the issues in Altman and determined that although the Chapter 558 process did qualify as a «civil proceeding» under the policy, it did qualify as a form of «alternative dispute resolution» and therefore met the definition of a «suit» under the policy.

The Appeals Court decided that a contractor is liable under Chapter 93A for a building code violation even if the homeowner agrees to the work performed or even orders that it be done.

When you file a bankruptcy petition under Chapter 7, the court will appoint a bankruptcy trustee to liquidate your assets and pay off your creditors.

Ninth Circuit confirmed bankruptcy court's inherent authority to impose sanctions under 11 U.S.C. 105 (a) in favor of chapter 7 trustee for willful violation of the automatic stay.

He acted for the Consumers» Association in Burgess v Office of Fair Trading [2005] CAT 25, the first case in which the Consumers» Association intervened in an appeal to the Competition Appeal Tribunal and for the claimant in Network Multimedia Television Ltd v Jobserve Ltd, the first case in which a UK court granted an interim injunction to restrain a contravention of the Chapter II prohibition under the Competition Act 1998.

The Vass lead plaintiff presented a colorable, albeit unsubstantiated, claim under Chapter 93A, while the Shaulis court rejected its plaintiff's arguments about cognizable injury.

Under Chapter 7, the bankruptcy court has the option to sell some of a person's belongings to cover their debt.