Sentences with phrase «debtor who»

[1] This case illustrates how practitioners can make use of the oppression remedy when dealing with a debtor who is working hard to avoid enforcement of a judgment.

The other case involved which exemptions laws applied to a debtor who had moved from Texas to Missouri to Kansas within two years of filing bankruptcy.

Further, as per the reasoning set forth in Dardana v Yukos (2002), «security pending the outcome of foreign proceedings is, in effect, the price of an adjournment which an award debtor is seeking; it is not to be imposed on an award on an award debtor who is resisting adjournment on properly arguable grounds».

As Lord Mance observed: «Security pending the outcome of foreign proceedings is, in effect, the price of an adjournment which an award debtor is seeking, not to be imposed on an award debtor who is resisting enforcement on properly arguable grounds».

The British Columbia Fraudulent Conveyance Act is a statute designed to give a remedy to creditors frustrated in collecting their debts by a debtor who has disposed of his / her assets.

To demonstrate how dramatic the impact is, let's look at a 25 - year - old debtor who diverts $ 300 a month for five years into a retirement plan instead of entering into a credit counseling plan, debt settlement program or limps along making minimum payments.

The case of In Re Cagle involved a debtor who owed $ 94,000 of student loans dating back to 1992.

This «stay» allows a debtor who is behind on their mortgage payments on their principal residence to cure any defaults by bringing the payments current over a reasonable time period.

14 - 50101 Broshears The debtor who filed bankruptcy in this case was a State employee who was making about $ 30,000 a year.

They also show how costly it can be for a student debtor who does not have access to a creditworthy cosigner.

The term «single asset real estate» is defined as «a single property or project, other than residential real property with fewer than four residential units, which generates substantially all of the gross income of a debtor who is not a family farmer and on which no substantial business is being conducted by a debtor other than the business of operating the real property and activities incidental.»

Chapter 13 bankruptcy is designed for an individual debtor who has a regular source of income, whether it be from a job or social security benefits.

It represents an opportunity for a debtor who can no longer afford to pay his or her debts to get legal relief that is granted by the courts.

In reality, the debtor who tries to turn in this phony certificate could be faced with federal fraud charges.

However, if you're a consumer debtor who find it difficult to make your monthly payments the term may mean bad things.

Bankruptcy and My Bills The underlying policy of bankruptcy law is that the honest debtor who is in debt beyond his or her ability to repay the debt should be given a fresh start through the discharge of debts in a bankruptcy proceeding.

(2) A consumer debtor who has filed a notice of intention or lodged a proposal under Division I may not make a consumer proposal until the trustee appointed in respect of the notice of intention or proposal under Division I has been discharged.

Contacting the debtor who is knowingly represented by an attorney is not allowed too.

The policy of bankruptcy law is that the honest debtor who is in debt beyond its ability to repay its debts should receive a fresh start.

any other educational loan that is a qualified education loan, as defined in section 221 (d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual...»

The question is, how can a debtor who can't afford student loan payments, afford an attorney?

So for a bankruptcy debtor who is separated and / or going through a divorce, the homestead is available for that person even if he or she has moved out of the home they own, provided that the other spouse, or the debtor's children are living in the home at the time the case is filed.

While 93 percent of people who are sued for credit card mistakenly do not respond to a summons for credit card and end up with a default judgment against them (according to the New York Times article mentioned below), there is plenty of hope for any «guilty» debtor who answers a credit card debt summons.

Trustees are to consider the income loss, increased expenses, and other effects of a natural disaster as «special circumstances» that may allow a debtor who doesn't otherwise pass the means test to qualify for Chapter 7.

However, a recent case from Wisconsin reminds us that even the mighty IRS is prohibited from contacting a debtor who has discharged taxes by filing for bankruptcy.

It is also important to understand that the best person or couple to file this type of filing is a debtor who has little or no assets.

There is a certain type of debtor who will probably appreciate SavvyMoney Pro more than they would other financial products.

Bankruptcy is a legal proceeding that clears certain debt of a debtor who can no longer pay off their debts.

All of this depends on your credit history and financial standing, so only student debtors who are in good standing with their loans are typically in a position to refinance effectively.

This is the third time in the past four years that the government has had to write off outstanding loans for reasons that include bankruptcy, the six - year legal limit on collection and debtors who can no longer be found.

While the new bankruptcy laws limit debtors who can qualify to file Chapter 7, many are still finding benefits in filing these discharges.

To average debtors who owe sums of unsecured loans to different creditors finding a good debt consolidation company can be a godsend.

Debtors who owe more than they can afford to repay may qualify for assistance from certified credit counseling programs that work with creditors to develop a repayment program at reduced cost.

Our 2017 Joe Debtor study showed that the total number of debtors who are seniors is now 12 %, up from 2015's 10 % and up... Read more»

A few years ago, the federal bankruptcy laws changed so that debtors who want to file Chapter 7 bankruptcy have to first pass a means test to file.

Surprisingly, less than one tenth of one percent of debtors who file for bankruptcy even attempt to have their student loans discharged.»

Debtors who have no property that is vulnerable to creditors are known as judgment proof.

You may also file Chapter eleven, but individual debtors who are eligible for Chapter 7 or Chapter 13 bankruptcy rarely chose this option for the complexity and expense of the proceeding reasons.

The bankruptcy code protects debtors who behave in good faith and punish debtors who to try to game the system.

Under bankruptcy law, debtors who owe more money than they can afford can either eliminate some (or all) of their debts or work out a payment plan to pay a portion (or all) of their debts over time.

Most debtors who approach a creditor to work out a settlement still ends up paying about 75 cent for every dollar owed.

Debtors who file bankruptcy with the help of an attorney also generally have their debts discharged; those who choose to file pro se have a much more difficult time, and little mistakes can be costly.

Did you know that three out of four debtors who own a home choose to file a Consumer Proposal rather than declare bankruptcy?

This report (and the lack of noting timely payments) can create problems for borrowers / debtors who are seeking to refinance their mortgage loan - particularly if the borrower is seeking to refinance through the same mortgage carrier as had the mortgage at the time the bankruptcy case was filed.

This is available to chapter 13 bankruptcy debtors who are dealing with high interest car loans and / or loans that have been in existence for more than two and a half years.

Because of their surplus capital, banks actually made loans to debtors who had no real way or repaying their loans.

They offer financial solutions for student debtors who work in the medical professional field, as a way to thank them for their service in helping others.

We've also seen an increase in senior debtors who are carrying debt into retirement.

Although we have Ontarians from all income levels filing either a consumer proposal or bankruptcy, there are certain vulnerable debtors who are more likely to declare themselves insolvent.

What will be next labor camps for student loan debtors who are in default?