Sentences with phrase «part of the debtor»

It was originally a term of Roman and Civil law to express the character of a contract which in a single matter involved several obligations on the part of the debtors, with corresponding rights to the creditors....

The FDCPA states that debts will be handled fairly, both on the part of the debtor, and the part of the creditor who is trying to collect on the debt.

«This means there's a good argument that the miles are not even part of a debtor's bankruptcy estate.

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.

Not exact matches

But a growing part of the economy in every country has been the Finance, Insurance and Real Estate (FIRE) sector, which comprises the rent and interest paid to the economy's balance sheet of assets by debtors and rent payers.

Then the rest, according to the American, had to be kept as part of the deal that the club has agreed with our debtors.

It requires a debtor to file a plan to pay debts (or parts of debts).

If a relative or friend has cosigned a loan, and the debtor discharges the debt in bankruptcy, the cosigner may still be liable to repay all or part of the loan.

To file your bankruptcy petition in New Jersey, a debtor must have resided in the state or had your principle place of business in the state for the larger part of the past 180 days.

Citing a long line of cases that include tax refunds as part of the bankruptcy estate, the court found the debtor's argument unpersuasive and ordered that he turn over the funds minus approximately $ 10,000 he had available in unused exemptions.

The recent changes, while in theory aimed at easing the student loan burden for the debtors, are also part of the federal government's move to trim expenses in the face of its own spiraling debts.

In a Chapter 13 bankruptcy, also known as an adjustment - of - debt plan, the debtor makes partial payments to creditors as part of three - to five - year repayment plan.

The FDCPA prohibits abusive or coercive tactics on the part of debt collectors when they are pursuing a debtor.

Sometimes debtors are required to make lump - sum payments as part of their debt settlement, too.

For example, Russ Cope, a bankruptcy attorney in Ohio said, «In certain parts of the country judges, trustees, and debtor's counsel have been working to protect debtors from this.

If relative or friend co signed a loan which the debtor discharged in bankruptcy, the cosigner may still be obligated to repay whatever part of the loan not paid during the pendency of the bankruptcy case.

Exemptions are laws that allow a debtor to keep, and not part with, certain types and amounts of money and property.

Debtors will, however, have to establish residency which may require them to live in the state where they are filing for the greater part of 180 days or three months.

Part of our study includes a detailed dig into payday loan use by Joe Debtor so that we can isolate the behaviour and profile of the average insolvent payday loan user.

The right of a judgment debtor to accelerate payment of part or all of the death benefit or special surrender value under a life insurance policy, as authorized by paragraph one of subsection (a) of one thousand one hundred thirteen of the insurance law [* see below], or to enter into a viatical settlement pursuant to the provisions of article seventy - eight of the insurance law, is exempt from application to the satisfaction of a money judgment.

Some advantages bankruptcy protection might offer a bankrupt debtor is that you can obtain an automatic stay which means the mere request for bankruptcy protection automatically stops and brings to a cessation certain lawsuits, foreclosures, utility shut - offs, evictions, repossessions, garnishments, attachments, and debt collection harassment, filing might save your home, you can reschedule secured debts, you can receive protection for co-debtors you can keep all non-exempt property, you can consolidate all your loans under one plan, all or part of your loans may be completely forgiven, and you can extend certain tax obligations, student loans, or other such qualifying debts.

In a general sense, the U.S. Courts website defines the transfer of property as «any mode or means by which a debtor disposes of or parts with his / her property.»

A filing debtor recently blogging on a bankruptcy forum website asked the following question: «Form 22A Part II line 8 asks for «Any amounts paid by another person or entity, on a regular basis, for the household expenses of the debtor or the debtor's dependents.»

As part of a Chapter 13 action, in which the court orders a repayment plan for the debtor to complete over several years, the second mortgage is stripped from the home and viewed in the same way as unsecured debt, such as credit card and medical bills.

In other parts of the country the fees can be as high as $ 1000 - $ 2000, and unfortunately, most bankruptcy lawyers are going to require debtors to pay these fees prior to filing the Chapter 7 Bankruptcy petition.

The trustee then sells off all of the debtor's eligible property to pay back the listed creditors, at least in part.

Not with standing any agreement to the contrary between a debtor and a creditor, any charges made or incurred by a collection agency or incurred or made by a creditor in employing a collection agency or agent to collect the debt shall be deemed not to be a part of the amount owing by the debtor and shall not be recoverable by the creditor or by the collection agency or agent acting on behalf of the creditor..

As part of the bankruptcy reform in 2005, Congress enacted a provision in the Bankruptcy Code that requires debtors to complete a credit counseling course, also known as a pre-bankruptcy course, prior to filing bankruptcy.

Chapter 13 bankruptcy allows a debtor to propose a feasible plan to repay all or part of their debt over time (typically over three to five years).

«Disposable earnings» means that part of the earnings of a debtor remaining after deduction of amounts required by law to be withheld, and disposable earnings shall not include periodic payments pursuant to a pension, retirement, or disability program.

One of the proposed parts of the College for All Act is to allow existing debtors to refinance their loans at the proposed lower interest rates of around 2.5 percent.

Several debtors are currently being sued by bill collectors from Ohio's attorney offices, in part on behalf of Ohio State University.

The Brunner test requires the debtor to make a three - part showing in order to prove undue hardship: (1) that the debtor can not maintain, based on current income and expenses, a «minimal standard» of living for herself and her dependents if forced to repay the loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) that the debtor has made good faith efforts to repay the loans.

Under Chapter 13 debtors repay their creditors, either in full or in part, over a period of up to three years.

1987): (1) At current income and expense levels, the debtor would not be able to maintain a «minimal standard of living» if required to repay the student loans; (2) additional circumstances indicate that this financial condition is likely to continue for a substantial part of the repayment period; and (3) the debtor has made «good faith efforts to repay the loans.»

As long as the debtor is enrolled in an undergraduate program at least part - time, the U.S. Department of Education pays the interest on the loans.

Most bankruptcy courts have adopted a three - part test to establish undue hardship, known as the Brunner test: (1) inability to maintain a «minimal standard of living» if forced to repay the loans, (2) likelihood that the conditions preventing repayment will persist for most of the repayment period, and (3) «good faith efforts» by the debtor to repay the loans.

Judges who notice a payment attempt on the debtor's part will often show hostility toward creditors, since you've shown good faith, even if the payments are less than the amount of the monthly installments.

In most Chapter 13 cases, the debtors keep their tax refunds after bankruptcy; however, there are cases where the debtors may need to pay a portion of their tax refunds to the trustee as part of their

In most Chapter 13 cases, the debtors keep their tax refunds after bankruptcy; however, there are cases where the debtors may need to pay a portion of their tax refunds to the trustee as part of their bankruptcy plan.

With goods price deflation (should we ever see that under the Fed), the answers are simple: avoid debt, lend to stable debtors, and make sure you are economically necessary to the part of the economy that you serve.

In another New Yorker article in 2011, Alec Wilkinson said the rise of the tiny - house movement was based in part on the rhetoric that big houses were wasteful «debtors» prisons» while little houses were «luxurious» because their owners could live there debt - free and spend more time enjoying themselves.

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

Chapter 13 allows the debtor to keep certain parts of his or her estate (such as one house and one vehicle) and is a re-organization of debt.

For instance a car which a debtor owes 20 thousand dollars but, at the time of filing only has a fair market value of 10 thousand dollars can have the bankruptcy judge declare that 10 thousand is part of the secured debt and the remaining 10 thousand is part of the unsecured debt.

Mechanisms such as prejudgment remedies of attachment and garnishment, injunctive relief to freeze assets, asset discovery, and debtor examinations are all part of our strategy to see that our client's claims are not rendered uncollectable through the dissipation of assets.

For her part, Labovitz said that while debtor counseling has been her primary focus during the economic downturn, she hoped to bring a variety of skills to Debevoise, including an ability to advise shareholders, boards of directors, and potential acquirers.

The judge took the view that there was nothing objectionable in the granting of the ex parte order for recognition of the Award since this is the procedure provided in Part 43 of the Rules of the DIFC Courts and there is authority in both England and Australia that this is justifiable where the debtor under the Award is a state.

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.»

But the really exciting part is integrating those data to draw new insights — for example comparing judge tendency to affirm or reverse on findings, or refining an estimation of success on an appeal issue by focusing only on similar business - debtor, Chapter 11 cases.