Sentences with phrase «debtor does»

A creditor can issue a Statement of Claim against a debtor and if the debtor does not defend the claim or loses in court, the creditor obtains judgement.

If the debtor does not apply for the demand to be set aside within 18 days then he must apply for an extension of time within which to apply (PDIP, para 12.5).

In many Chapter 7 bankruptcy cases, the debtor does not own any non-exempt property, so there is no property to liquidate.

A guarantee is a secondary obligation, meaning that it is a commitment to do something only if the principal debtor does not do it; an indemnity is itself a primary obligation, meaning that it is not affected by the position of the principal debtor.

If the debtor does not reply to the letter of claim within 30 days of the date on the top of it then court proceedings can begin provided that the debtor has been given 14 days» notice of the intention to commence proceedings.

If the debtor does not file an appeal, the creditor can then use legal means to collect the amount of the judgment.

If the debtor does not pay the amount of a Small Claims Court judgment and does not work out a payment plan, a creditor must wait 30 days from the date of the judgment before using other legal means to collect.

In the vast majority of Chapter 7 bankruptcy cases, the debtor does not own any non-exempt assets, so the trustee does not sell any property.

In the majority of all Chapter 7 bankruptcy cases, the debtor does not own any non-exempt assets, so no property is sold.

It is also still possible to convert a chapter 13 into a chapter 7 bankruptcy if the chapter 13 debtor doesn't doesn't have any funds left to pay towards debts, and who doesn't have to catch up on secured debts or have non-exempt property to protect.

A tax debtor does not have many options to choose from when trying to resolve tax debt.

The debtor does not have to request a Stay of Proceedings; it's automatically in effect as soon as the filing has been made.

So if a chapter 7 debtor does not stay current on a car loan after filing, the lender has the ability to repossess the vehicle after the debtor has received her discharge.

If the debtor does not exercise the option of providing the insurance through an existing policy or a policy independently obtained and paid for by the debtor, the creditor may purchase the insurance on the property and charge the premium for the insurance to the debtor.

Unlike Chapter 7, the debtor does not receive an immediate discharge of debts.

In almost every case, if the debtor does these things, the Bankruptcy Court will enter a discharge in the debtor's case.

And if the debtor does, indeed, bring the action to determine dischargeability, the debtor also has the burden of proving that the debt is subject to discharge - the creditor does not have to prove the debt is not dischargeable.

The Debtor does not anticipate any increase in her wages or standard of living.

Upon further investigation by Debtor's attorney, Debtor does not believe her loan to the Defendant meets requirements for the exemption from discharge provided under § 523 (a)(8) of the Bankruptcy Code.

Debtor does not believe that her loan meets the definitional requirements for exemption because she does not believe the loan was made for «qualified higher education expenses», that CTI was an «eligible educational institution,» and does not believe that she was an «eligible student» as those terms are defined by 26 USC 221 (d) which is referred in § 523 (a)(8)(B) for the discharge of «qualified educational loans.

So if a bankruptcy debtor does not make the scheduled payments on a mortgage or a car loan, even if that debtor has received a discharge, the mortgage company can foreclose on the mortgage or the car lender can have the car repossessed.

If a debtor does not reaffirm the debt, the amended Code allows a secured lender to repossess collateral, even if the debtor is current on payments.

A debtor doesn't necessarily pertain to a person but also to an entity.

At first glance, Joe Debtor does not look that different than the average Canadian: similar family profile, similar income levels, etc..

That the debt will be assumed valid if the debtor doesn't respond to the communication within 30 days of receiving it

A debtor doesn't want to lose the Stickley sideboard she inherited, so it becomes «dining room furniture» and is valued at $ 500.

If the debtor doesn't pay the loan back, it becomes taxable income to the debtor even if the lender waives repayment.

Determine a procedure you'll apply in case those debtors don't react to your reminders.

Originally this «protection» industry was all about protecting the small ma and pop shops for a fee but this time ma and pa did not have to pay - the debtor did.

The «potentially disastrous tax consequences» tipped the scales for the appeals court, which held that the debtor did indeed meet the Brunner test's good faith requirement.

What debtors don't understand is that bankruptcy is often more about your assets than your debts.

Debtors do not have to be United States Citizens to file bankruptcy because the U.S. Bankruptcy Code does not have a citizenship requirement.

Although Debtors do not believe they are liable for these debts, Debtors have made a good faith effort to make payments on the loans because the recipients of the loans are their son and granddaughter.

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.

Most debtors do not qualify for Chapter 7 bankruptcy, however, because they do not have enough qualifying assets to cover their bills.

Many times, debtors do not have any assets.

Federal income tax debt may be discharged if it is more than three years old, was filed more than two years before the filing and the debtor didn't file a fraudulent tax return or try to avoid paying taxes.

The debtor didn't list assets and, consequently, didn't exempt them.

Trump escaped, but most other debtors don't get the same treatment Trump did.

Debtors do not have to take the debt collection amount as being true; they can dispute the claims made against them.

Even though the organization claims to help students who owe, if a debtor did not ask the right question, they would not be offered a certain type of aid.

1 — the tax was due more than three years ago, 2 — the tax was assessed more than 240 days ago, 3 — the tax return was filed more than two years ago, and 4 — the filed tax return was not fraudulent and the debtor did not willfully evade the tax.

While most debtors don't have multi-million dollar estates, they still want to protect what they have.

Those that are net creditors on average made efforts that net debtors did not.

Student debtors do seem to have more difficulty making timely debt payments.

Under this criterion, student debtors do not seem to be disproportionately burdened.

The creditor argued that the order discharging the debt was void because the debtor did not serve the creditor with a summons during the original case, and also because the bankruptcy court did not make a finding of undue hardship.

the judgment debtor did not carry on business or ordinarily reside in the jurisdiction in which the judgment was granted, and did not appear or submit to the jurisdiction of that court in the proceedings;

Judgment creditor plaintiffs generally do not throw good money after bad by going around seeking to enforce their foreign judgments in jurisdictions in which their judgment debtors do not have assets.

Debtors don't want to deal with the stress of filing bankruptcy during what's supposed to be a cheerful holiday season, unless they have to file for bankruptcy right away out of necessity.