Sentences with phrase «debtor in»

As we all know, in terms of total nominal amount, the government is the largest debtor in history.

not of the kind described in paragraph 5 [support debts] that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, a determination made in accordance with State or territorial law by a governmental unit unless:

Matthew Bradley appeared for the debtor in this decision, in which the creditor's contractual entitlement to interest of # 1,541,000 was reduced by the Court to # 195,117.

To enforce the judgment, the judgment creditor may seek an order from the court to have the appropriate authority seize property of the judgment debtor in order to satisfy the judgment.

This would allow creditors to secure a sum of money due to or claimed by them, by preventing the removal or transfer of funds held to the credit of their debtor in one or several bank accounts within the territory of the EU.

Debts owed to a spouse, former spouse, or child of the debtor that are not domestic support obligations and that is incurred by a debtor in a separation, divorce, separation agreement, property settlement agreement, court order or decree, or a determination by a governmental unit may be discharged in a chapter 13 case, but not in a chapter 7 case.

The Act can not apply because Chevron Canada is not the judgment - debtor in the Ecuadorian action.

(1) Where a decision is made in a Contracting State where the creditor is habitually resident, proceedings to modify the decision or to make a new decision can not be brought by the debtor in any other Contracting State as long as the creditor remains habitually resident in the State where the decision was made.

(2) The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision -

Served as lead counsel and obtained entry of judgment on the pleadings in favor of chapter 11 debtor in adversary proceeding involving claim to ownership of US$ 200 million tax refund monies.

If enforcement is resisted on these grounds, they should be set out in the written statement filed by the judgment debtor in response to the plaint.

Serving claims via social media sites is increasingly common in Australia and New Zealand, and last May a U.K. lawyer successfully used Facebook to serve a hard - to - find debtor in a County Court trial.

$ 11 million dollar judgment in creditor's bill proceeding against customer of a judgment debtor in a trade secret matter.

Claimants» delay in not moving for fees pre-dismissal was reasonable because the counsel involved did not want to delay other unsecured creditors» wish that the case be dismissed so they could post haste sue debtor in state court for collection of debts owed.

In his view, Lord Mance said the Court of Appeal had erred with its justification that an enforcing court could make the decision, under the provisions of s103 and article V of the New York Convention, of an issue raised under either subsection, conditional upon the provision of security by the award debtor in respect of the award, there were no such provisions in either s103 nor article V.

Successfully negotiating with a debtor in this environment depends on identifying a clear exit strategy and setting realistic goals to implement the strategy.

In the current case where we are counsel for the Debtor in Possession, the Debtor has developed a platform to resell digital music; however, the Debtor received an adverse ruling from the US District Court in New York holding that the first sale doctrine does not apply to the resale of digital music.

Given that our client is a defendant debtor in a collection case, suddenly «cry poor» at the mediation, but offer no evidence to corroborate your claim of impecuniosity.

We are fortunate to represent this fascinating and innovative Debtor in its Chapter 11 case.

Successfully represented Chapter 7 Debtor in defending trustee's attempts to avoid as a fraudulent transfer $ 2 million pension plan.

As I also practice estates and trusts law, I assist individuals who may find themselves in the untenable position of being both a successor trustee and / or beneficiary of a loved one's trust and also a debtor in a bankruptcy case.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

The Facts: a debtor in a chapter 13 that which was active 5 years — the chapter 13 was finally closed recently — few days ago.

Representations of debtors and creditors in workout and bankruptcy matters, including negotiation and documentation of refinancing and intercreditor agreements, forbearance agreements, lien perfection and priority issues, liquidation and sale of collateral and debtor in possession financing.

In re The Homestead at Whitefish, USBC, D. Mt. (2014)-- lead counsel for debtor in possession in confirming chapter 11 plan embodying global settlement among creditors

Often there is no trustee, but a «debtor in possession,» and considerable time to present a plan of reorganization.

The «debtor in possession» may generally continue business operations pending reorganization, unless a trustee is appointed under Chapter 11.

A slightly broader discharge of debts is available to a debtor in a chapter 13 case than in a chapter 7 case.

No income based repayment or anything to aid the debtor in his repayment during times of hardship.

It is the largest debtor in terms of raw dollars but it definitely is not when it comes to the value of its assets and its earnings - generating potential.

While each case is different, we discovered that, on average, male and female student debtors who became insolvent earn just below $ 2,300 per month, 6 % below that of the average debtor in Canada.

A debtor in a Chapter 13 case may be able to restructure bill payments into a more manageable schedule, and possibly discharge some remaining debts.

The debtor in Shells obtained student loans for her bachelor's and master's degrees.

[iv] The debtor in Fecek earned professional degrees in both psychology and nursing.

To rehabilitate the honest but unfortunate debtor in order to allow him to gain a fresh financial start; and

Must not be a debtor in bankruptcy.

Before I answer either of these questions, I tell my clients that a bankruptcy discharge is the ultimate goal for any debtor in a bankruptcy case and it is my job as an attorney to assist you through the bankruptcy process to achieve that goal.

The debtor in this case would have eliminated their debt in three months at a total cost of $ 2,000.

The debtor in a Chapter 13 must start making his plan payments within 30 days after the bankruptcy was filed.

For the purpose of determining the permissible finance charge, any discount or point paid by the debtor in connection with a consumer credit transaction secured by a mortgage on real estate, even though paid at one time, shall be spread over the stated term of the consumer credit transaction.

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.

In a consumer credit transaction contract where the original amount financed exceeds ten thousand dollars ($ 10,000) or the credit transaction is secured by real property, the creditor may require the payment by the debtor of attorney's fees prior to default by the debtor in connection with the closing of, amendment to, or modification of the credit transaction, provided that the attorney is not a salaried employee of the creditor.

(a) Any creditor, when extending credit with respect to a consumer credit transaction, other than under an open - end credit plan, shall at that time furnish to the debtor a copy of each instrument executed by the debtor in connection with the consumer credit transaction.

# 8 — Debt Collectors rely upon the ignorance of the alleged debtor in order to win.

Individual Voluntary Arrangement (IVA) Individual Voluntary Arrangements are an alternative to bankruptcy, whereby a debtor in financial difficulty comes to an arrangement with his creditors on how the debt will be cleared.

It's got to be real, though — you can't open up a bank account with $ 1 for the purpose of qualifying to be a debtor in bankruptcy court.

Many of you are like the debtor in our illustration who fears the unknown.

Under Chapter 11 bankruptcy the business is allowed to reorganize their business and create a repayment plan, although the business becomes what is termed a «debtor in possession» keeping ownership of the business and maintaining control of their day to day business operations.

The debtor in this personal bankruptcy illustration is a government employee who fears losing his security clearance and job if he files for bankruptcy, so, he refuses to look into bankruptcy protection as an option.

The 90 day rule is specifically mentioned in USC 547 (b) and specifically gives the trustee the option to avoid any transfer of interest of the debtor in property.