Sentences with phrase «hold of the debtor»

It is Debtor's understanding that pursuant to recent changes in law, the original lenders of the Federally Guaranteed Student Loans listed in Paragraph 7 transferred some or all of their holdings of Debtor's obligations to: a. Ed Financial b. Federal Loan Servicing c. Nelnet / TPD Servicing d. Uni ted Student Aid Funds, Inc. e. Illinois Designated Account Purchase Program (IDAPP)

If you can't get a hold of the debtor or if he or she is unwilling to cooperate with you, you may want to draft a formal demand letter asking for payment.

Not exact matches

Professor, do you have a good feel for which entities in China hold large amounts of debt (are investors) and which entities are the biggest debtors?

As Gunnar Tomasson has observed: «The Creditary View of Money holds that what ultimately gives money value is the Debtor's ability to honor the terms of his Loan Contract.»

Nebuchadnezzar's sins, conceived of as debts, have risen to such a level that his creditor, God, is about to demand repayment in the form of punishment: He is calling in the bond he holds over this unfortunate debtor.

Under that section of the law, creditors are held at bay while the debtor comes up with a plan to pay off his debts.

The court held that the debtor lived in a rural area with little prospect of future employment allowing payments on her student loans.

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.

One of the unsecured priority debts owing by the Debtor and listed on Schedule E - Creditors Holding Unsecured Priority Claims, is a student loan owing to Sallie Mae.

The district court held that the bankruptcy court's finding that the debtor had satisfied the first prong of the Brunner test was «a permissible conclusion from the evidence,» Kelly II at 4, and that «ample evidence» supported the finding that she had met the second Brunner prong, id.

Certain other dissolution related obligations, such as payments to others, hold harmless provisions and property settlement obligations, are not dischargeable if the debtor has the ability to pay them and the detriment to the spouse outweighs the benefit of the discharge to the debtor.

In general legal terms, a lien is the right to take and hold or sell the property of a debtor as security or payment for a debt or duty.

lien [top] The right to take and hold or sell the property of a debtor as security or payment for a debt or duty.

A meeting of creditors is held soon after the filing, which the debtor must attend to answer questions about his or her case.

The Panel Trustee will seek turnover of assets held by the debtor or other parties and will arrange for their eventual sale.

In re Atlas Worldwide Holdings, et al., USBC S.D Fla. — represented Official Creditors» Committee of chapter 11 debtor Polar Air Cargo; through ligation and negotiation obtained very favorable separate plan treatment of Polar Air unsecured creditors.

We may act for a debtor company attempting to restructure its affairs while holding off its creditors on one file, working for an accounting firm that is appointed by the court to act in the best interests of all creditors on a second file, and working for a secured creditor trying to recover as much as possible on the loans it made on a third file.

And when the company calls debtors, it holds itself out as an agent of the prosecutor's office.

«I hold every man a debtor to his profession, from the which as men of course do seek to receive countenance and profit, so ought they of duty to endeavour themselves by way of amends, to be a help and ornament thereunto.

3 Sept. 6, 2013)(unpublished), the trial judge entered a $ 50,660.75 judgment even though the circumstances demonstrated that judgment debtor's full performance might have resulted in a judgment of only $ 19,423.78 under a settlement structured through a held stipulation for judgment arrangement.

Yet, the plaintiffs have not sought the recognition and enforcement of their foreign judgment in the place of their judgment debtor's residence or place of business and, instead, have come to Ontario arguing that the assets nominally held by a stranger to the foreign Judgment should be made available to satisfy it.

In RadLAX, the Supreme Court resolved the split by unanimously siding with the Seventh Circuit.5 Relying on well - established canons of statutory interpretation, the Court, in an «easy case,» held that a debtor's plan providing for a sale of secured property free and clear of the creditor's lien could not be confirmed without affording the secured creditor the right to credit bid for the property.

Further, the Judge held that where a respondent is ordered to disclose trade receivables, it must provide the identity of the customer because the identity of the debtor goes to the quality of the receivable.

But in this context, they held that it is a reasonable expectation of a debtor for a mortgage lender to provide a discharge statement to another creditor wanting to enforce its rights against that property.

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.

In a matter of first impression at the Circuit level, the United States Court of Appeals for the Ninth Circuit held that a court may confirm a plan filed on behalf of multiple debtors that has been approved by an impaired class of creditors of only one of the debtors.

Focusing on the statute's language, the court of appeals held that Bankruptcy Code section 365 (n) fails to protect either a trademark license or exclusive distribution rights of a debtor's trademarked goods, even when the trademark - related rights are incorporated into a license containing other protected intellectual property.

In the restructuring practice, the firm had leading debtor - side roles in the bankruptcies of Ambac Financial Corp., NewPage Corporation, and the Dodgers; in November it was tapped as lead creditors» counsel in MF Global Holdings.

A decision from the Wisconsin Supreme Court establishing the right of an unsecured creditor to have a sheriff seize and execute upon a court judgment against the assets of a debtor and forcing a judicial sale to find an equity in excess of the rights and value of an existing security interest held by a secured creditor in the subject assets.

Generally speaking, once a foreign judgment is recognised and enforced, the creditor may request a seizure order against all the assets of the debtor and the court will hold auctions to sell those assets to satisfy the debtor's rights in relation to monetary compensation.

Served as lead counsel for the defendant and achieved a defense verdict on behalf of a debtor bank holding company following an advisory jury trial involving a claim by the FDIC for more than US$ 500 million.

While U.S. Steel is correct to say that a person can not be imprisoned for a civil debt for, as Justice Binnie held in R. v. Wu, [2003] 3 S.C.R. 530 (S.C.C.) at paragraph 2, «[d] ebtors» prison for impoverished people is a Dickensian concept that in civilized countries has largely been abolished», the Act does not provide for the possibility of U.S. Steel or any of its executives being sent to debtors» prison for the failure to pay a penalty imposed upon it.

E.D.Va., 2008), in the Eastern District of Virginia, Richmond Division, the bankruptcy judge held that the disposable income of an above - median - income debtor can be determined using the monthly income resulting from Official Form B22C, the means testing form, minus the expenses allowed by 11 U.S.C. 707 (b)(2)(A)(iii), including payments on a luxury goods, like BMWs, and an expensive, $ 700K home, even if such payments were at the expense of the unsecured creditors, who were only receiving a 3 % dividend.

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.

It also provides a precedent (i) for holding the director of the corporate debtor personally liable for oppressive acts, and (ii) for claiming a large punitive damages award against an evasive judgment debtor.