Sentences with phrase «nature of the debtor»

Not exact matches

In the event of failure to pay a debt, the debtor must understand the nature of the debt, prepare for likely consequences and seek out possible solutions.

A chapter 7 debtor with priority debt needs to have a fairly thorough analysis done of both the assets the debtor owns as well as the nature of the priority debt the debtor owes to make a decision as to whether to file a chapter 7 bankruptcy case.

Congress has determined that these types of debts are not dischargeable for public policy reasons (based either on the nature of the debt or the fact that the debts were incurred due to improper behavior of the debtor, such as the debtor's drunken driving).

The deal has seen many twists and turns during the past 12 months, with the complex cross-border nature of the Pacific Andes group providing considerable challenges, particularly with regards to the ongoing forum shopping of the debtor group, which has been the subject of much debate in each of the primary jurisdictions of New York, Singapore and offshore.

[1] The public nature of an insolvency which juxtaposes a debtor's financial hardship with a claim for significant legal compensation focuses attention on the cost of legal services.

Finally, they pointed to the motion judge's comment above about the fluid nature of modern assets, which would only serve to assist debtors from escaping judgement.

Mr. Hensley's litigation experience is broad in nature, encompassing such diverse practice areas as: real estate issues of almost any nature; construction defect litigation (both plaintiff and defense, representing developers, contractors, managers, subcontractors, and design professionals); federal and state securities class action / derivative defense; partnership / corporate governance issues; UCC / commercial paper / letter of credit issues; intellectual property / trade secret / unfair competition issues; wrongful termination / harassment trials; wage / hour class action defense; contract formation and interpretation issues; bankruptcy adversary proceedings; health care disputes; telecommunications issues; and debtor / creditor financing issues involving both secured and unsecured interests.

Whether filing bankruptcy under Chapter 7 or Chapter 13 or going with another alternative outside the bankruptcy process is the best fit depends upon the debtor, the circumstances, the amount and nature of the debt, current income and a variety of other factors.

Foreign critical suppliers may be able to extract payment in full, for amounts owed to them by a debtor company in a Companies» Creditors Arrangement Act filing, by virtue of their location in a foreign country and the critical nature of the goods or services that they supply.

Damages of this nature can be claimed as «direct damages,» but only so long as they are an immediate and direct consequence of the debtor's default.