Sentences with phrase «of debtor»

I have to interpret the information and create a paper trail of the debtor's footprints from the past to the present.

Third Circuit Recognizes Possibility of Break - up Fees on Sale of Substantially All of Debtor's Assets - In re O'Brien Environmental Energy, Inc..

These two provisions may complicate efforts by divorce counsel to address any portion of the debtor's post-petition earnings in a separation agreement or property settlement agreement, particularly since actions taken in violation of the automatic stay may be void or voidable.

A Bankruptcy Court Order Permitting Creditors to Pursue Legal Malpractice Claims in State Court in the Name of a Debtor's was an Impermissible Assignment and Violates Public Policy Co-authored with Jessica Green, published in the March 2017 issue of the eAdvisory published by the American Bar Association's Standing Committee on Lawyers» Professional Liability

The conduct of the debtor must indicate a certain degree of intention to evade his or her obligations (citing Parent v. Perreault at para 22).

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.

Advising a major unsecured creditor during a Chapter 11 proceeding regarding appropriate valuation of the debtor's prepetition environmental liabilities.

Corporate rescue teams understand the economic causes behind the potential business failures and are ideally positioned to advise on the appropriate number of debtor days, the levels of WIP, the structure of teams, the necessary redundancies and the reduction of partner drawings.

The CC has found that policies being sold are uncompetitive, and CMCs have in the past had some success in gaining refunds on the grounds of unsuitability and / or ineligibility of the debtor.

Unsecured claim: A debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay, rather than on a special assurance of payment.

In the course of discussing the flood of rookie bankruptcy lawyers into local court rooms, this veteran trustee's counsel was licking his chops at the opportunity to make creditors whole at the expense of the debtor's attorney.

For persons seeking debt relief, one option is Chapter 7 bankruptcy, which provides for liquidation of the debtor's non-exempt assets.

(5) A creditor's acceptance of a debtor's payment or performance of an obligation under or in respect of a security agreement is an acknowledgment by the creditor of liability in respect of a claim by the debtor for redemption of the collateral under the agreement.

Jurisdiction to recognize and enforce a foreign judgment exists by virtue of the debtor being served on the basis of the outstanding debt resulting from the judgment.

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.

AJWAA GASES v AL GHAITH (2011, Commercial Court): claim on a demand guarantee raising issues of construction, including whether the underlying liability of the debtor has to be established as a pre-requisite to recovery under the guarantee.

As regards trade receivables, the obligation to disclose «assets» required disclosure of the name of the debtor and the amount owing.

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.

After the U.S. Bankruptcy Court confirmed a Chapter 11 reorganization plan that required a majority block of the debtor - in - possession's insider equity shareholders to

Bankruptcy can be voluntary (initiated by the person in debt) or involuntary (initiated by creditors of the debtor).

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.

Ontario has fixed December 31, 2015 as the date on which the rules that determine the «location of the debtor» under the Ontario Personal Property Security Act («OPPSA») will change.

Consequently, in the absence of express judicial authority, until the location of the debtor rules are harmonized, it can be expected that the secured parties will adopt the counsel of caution and search and file in the location of the debtor as determined using both the new Ontario location of the debtor rules and the current location of the debtor rules of the other common law provinces.

A debtor and creditor lawyer at Carroll & O'Dea provides professional legal counsel and extensive experience in many aspects of debtor and creditor law.

The full benefits of the improvements in the certainty of searching and filing under the new regime may not be realized pending the enactment by the other common law provinces of location of the debtor rules that parallel the new Ontario rules due to the conflict of laws rules in the various provincial personal property security acts.

Based on the forgoing, Morawetz J. found the recognition of the Final DIP Facility Order was necessary for the protection of the debtor company's property and for the interests of the creditors.9 In reaching this conclusion, Morawetz J. took into account the public policy exception set out in section 61 (2) of the CCAA which states: «Nothing in this Part prevents the Court from refusing to do something that would be contrary to public policy.»

As a trusted Sydney law firm, Carroll & O'Dea's highly skilled debtor and creditor lawyers have managed a variety of debtor and creditor cases for a wide range of clients.

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.

After filing Chapter 13 bankruptcy, one of a debtor's first priorities will be putting together, with the help of your lawyer and the court, a proposed debt repayment plan.

debtor obtains financial relief and undergoes a judicially supervised reorganization or liquidation of the debtor's assets for the benefit of creditors; a case under the Bankruptcy Code.»

Case law It is established case law that payment by a third party will not be sufficient to discharge the debtor unless it is made by the third party, as agent, for and on account of the debtor and with his prior authority, or subsequent ratifi cation (see Simpson v Eggington (1855) 10 Exch 845; Smith v Cox [1942] 2 KB 558; and Crantrave Limited v Lloyds Bank Plc [2002] All ER (Comm) 89).

The value of the debt to the agency depends on the status of the debt and the credit worthiness of the debtor.

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.

Failure to comply with the Bankruptcy Code and Rules or with court orders may cause dismissal of the Debtor's case.

Chapter 7 bankruptcy laws outline a process called liquidation, in which some of the debtor's assets are sold by the court in exchange for total forgiveness of eligible debts.

A trustee is a court appointed attorney who manages the property of the debtor for the principal benefit of the unsecured creditors.

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.

Garnishment: A legal proceeding in which a creditor seeks to obtain payment from a debtor out of money, salary, or property of the debtor.

You'll want to include information like: the name of the original note, and when it was signed; the name of the debtor; what property was offered as security for the note; the amount and interest rate on the original note; the payment schedule and history of the original; the outstanding balance on the note, as of a given date; and any documentation showing proof of the original note.

America's Federal Bankruptcy Laws are designed to give Debtors a «Fresh Start,» but they also protect Creditors, by ensuring that each and every Creditor will be treated equally, whether they are complete strangers to the Debtor, or close relatives of the Debtor.

Equally, a creditor can not gain the benefit of a debtor's rights to assets under the PRA.

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.

(Defence of undue influence with third party claim in negligence against a firm of solicitors; successful London Mediation at which wife of debtor received enough in damages to secure re-housing).

A debtor will also have to qualify to file Chapter 7 by taking the means test, which involves a comparison of the debtor's income against the state median.

Successfully defended dozens of debtor collectors throughout the country in claims involving alleged violations of the FDCPA.

The procedure for corporate insolvency is similar to bankruptcy, but the statutory demand can be served by post on the registered office of the Debtor company and the minimum sum that can be pursued is # 750.

Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors.

Successfully defended dozens of debtor collectors from throughout the country in claims involving alleged violations of the FDCPA.

Thus, the creditors of publicly - owned establishments are necessarily in a more favourable situation than creditors of persons coming within the scope of [general French bankruptcy law] which, in the event of insufficient assets on the part of the debtor person or entity, may see their claim cancelled.

«Second, even if they are considered an asset of a debtor that could be administered by a bankruptcy trustee to pay creditor claims, they very rarely, if ever, are.