This is essentially a restraining
order against all creditors.
Not exact matches
You must receive notice of a
creditor lawsuit in
order for a judgment to be entered
against you.
With most debts, the
creditor has to go to court and secure a judgment
against your spouse first, then apply for a court
order.
The best thing about a Chapter 13 is that it helps avoid filing for Chapter 7 bankruptcy.By extending the length of time you will take to pay off your debts, your monthly payments will be smaller making it easier for you to get out of debt.Chapter 13 also offers the convenience of consolidation because you only make one monthly payment to the trustee who will deal with all your
creditors for you.Once you have filed the petition, the
creditors are no longer allowed to take any action
against you in
order to collect their payments.
None of your
creditors listed on the administration
order can take further action
against you if your administration
order has finished, either because you paid it in full or paid the amount owed under the composition
order.
In
order for a
creditor to force the sale of your primary residence, they must have a judgment
against you and your home must have equity.
The
creditor can apply for a charging
order against your home (if it is mortgaged), even if you are up to date with the payments that the court
ordered you to make.
A debt relief
order (DRO) is a cheaper alternative to bankruptcy, which stops most
creditors from taking further action
against you.
The discharge is a court
order that permanently enjoins
creditors from taking any action
against the debtor to collect on a debt owed by the debtor to the
creditor.
Your
creditors can't take any further action
against you if you have an administration
order, as long as you keep up the monthly payments.
One or several of the corporation's
creditors obtains a Bankruptcy
Order against the corporation.
In Indiana, bankruptcy provides offers debtors a fresh start because bankruptcy protects consumers
against lawsuit from
creditors because filing your bankruptcy petition results in an automatic court
order called an «automatic stay.»
Insolvency deposits go up by 16.5 % for petitions presented after 31 May 2011 (Insolvency Proceedings (Fees)(Amendment)
Order 2011 (SI 2011/1167)-RRB--- # 700 instead of # 600 on a
creditor's bankruptcy petition, # 525 as
against # 450 on a debtor's bankruptcy petition and # 1,165 in place of # 1,000 on a wind...
In September 2011, H was made bankrupt and his trustee in bankruptcy issued an application challenging (inter alia) the trust deed and the consent
order on the basis that these constituted transactions defrauding
creditors (s 423 of IA) or a transaction at an undervalue
against s 339.
The automatic stay is a court
order that freezes lawsuits, claims
against your property and collections by
creditor while your financial situation is sorted out.
Thorpe LJ then referred to the balance between protecting the
creditors against collusive
orders in ancillary relief and protection
orders justly made at arm's length for the protection of one of the spouses and the children of the family.
She frequently represents insolvency practitioners, companies and
creditors in matters including applications for administration
orders, contentious winding up proceedings, and claims
against office - holders.
A judgment lien is a court
ordered claim
against real property, usually after a
creditor has sued and obtained a judgment in the case.
Re New Paragon Investments Ltd: [2012] BCC 371 Obtained an
order recognising a
creditors» voluntary liquidation under the law of Hong Kong as foreign main proceedings for the purposes of the Cross-Border Insolvency Regulations 2006 and a declaration that there was an automatic stay of proceedings
against the debtor, including arbitrations.
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.
Likewise, if the Court makes an equalization
order or judgment directing payment, if there are no assets within Alberta to execute
against, what is the next step for the
creditor?
If the
creditor refuses to withdraw and a successful application is the made to set aside the demand, a hefty costs
order will usually be made
against the
creditor.
[10] This Court has no jurisdiction to suspend the precedential value of Grant Thornton Ltd. v. Alberta Energy Regulator and introduce another legal regime — the one in place before Chief Justice Wittmann released his judgment — for the governance of other bankrupts, receivers and trustees in bankruptcy and secured
creditors for a period commencing with the date of pronouncement of any stay
order and ending with the date the Supreme Court of Canada either resolves an appeal
against this Court's judgment or dismisses the applicants» leave - to - appeal application.
The enforcement of a charging
order by normal means is not barred by s 20 (1) of the Limitation Act 1980 and, unlike the position under a legal mortgage, the
creditor's rights are not barred after 12 years, because the holder of a charging
order does not have a right to possession such that time can run
against it under s 15, and extinction of title can not therefore occur under s 17.
As a result of an application under the Companies»
Creditors Arrangement Act (Canada), a court made an
order on or before December 31, 2015 staying all proceedings taken
against the employer.
The only recourse in GA for personal
creditors in regards to an LLC, is a charging
order against debtors share of distributions from LLC.
From a common law perspective, those states that have a charging
order as the exclusive remedy
against businesses generally allow for more protection
against Creditors.
Whether or not the single member LLC will be respected
against a judgment
creditor will be a matter of state law, there are several states that offer a charging
order as the sole remedy even if the LLC is a single member LLC.
(i) an application for a bankruptcy filed
against the licensee business, (ii) an assignment in bankruptcy made by the licensee business, (iii) a bankruptcy
order made
against the licensee business, (iv) a proposal under Division I of Part III, or a consumer proposal made under Division II of Part III, of the Bankruptcy and Insolvency Act, or (v) an insolvency proceeding, including a receivership or an arrangement under the Companies»
Creditors Arrangement Act;
(i) an application for a bankruptcy
order filed
against the licensee, (ii) an assignment in bankruptcy made by the licensee, (iii) a bankruptcy
order made
against the licensee, (iv) a proposal made under Division I of Part III, or a consumer proposal made under Division II of Part III, of the Bankruptcy and Insolvency Act, or (v) an insolvency proceeding, including a receivership or an arrangement under the Companies»
Creditors Arrangement Act;
(A) an application for a bankruptcy
order filed
against the business, (B) an assignment in bankruptcy made by the business, (C) a bankruptcy
order made
against the business, (D) a proposal made under Division I of Part III, or a consumer proposal made under Division II of Part III of the Bankruptcy and Insolvency Act, or (E) an insolvency proceeding, including a receivership or an arrangement under the Companies»
Creditors Arrangement Act; or
(A) an application for a bankruptcy
order filed
against the applicant, (B) an assignment in bankruptcy made by the applicant, (C) a bankruptcy
order made
against the applicant, (D) a proposal made under Division I of Part III, or a consumer proposal made under Division II of Part III, of the Bankruptcy and Insolvency Act, or (E) an insolvency proceeding, including a receivership or an arrangement under the Companies»
Creditors Arrangement Act; or
(i) an application for a bankruptcy
order filed
against the licensee business, (ii) an assignment in bankruptcy made by the licensee business, (iii) a bankruptcy
order made
against the licensee business, (iv) a proposal under Division I of Part III, or a consumer proposal made under Division II of Part III, of the Bankruptcy and Insolvency Act, or (v) an insolvency proceeding, including a receivership or an arrangement under the Companies»
Creditors Arrangement Act;