Sentences with phrase «proceedings on creditors»

Both provide the same stay of proceedings on creditors.

Not exact matches

It is seeking to agree on a debt restructuring plan with creditors, and is asking them to refrain from initiating bankruptcy proceedings.

On January 15, 2015, Target Canada Co. and the Additional Applicants listed below (collectively, the «Applicants»), together with the Partnerships also listed below (the «Partnerships», and collectively with the Applicants, the «Target Canada Entities») commenced court - supervised restructuring proceedings under the Companies» Creditors Arrangement Act, R.S.C. 1985, c. C - 36, as amended (the «CCAA»).

Technically, when you reaffirm an asset during bankruptcy proceedings, you are giving the creditor a waiver on bankruptcy discharge.

After obtaining the required license, and paying the civil penalty prescribed by this subsection, the creditor may bring and maintain proceedings in the courts of this state on consumer credit transaction contracts, and the enforceability of the contracts shall not be impaired by the prior failure to obtain a license, irrespective of whether the consumer credit transaction contracts were made before or after the license was obtained.

Arbitration proceedings can be filed on behalf of original creditors as well as debt collectors who purchased the debt.

The biggest and most significant impact bankruptcy will have on your immediate future is stopping all creditor harassment and legal proceedings.

In addition, Congress added another exception to the automatic stay provisions in 1994, requiring debtors with a secured loan on a single real estate asset to file a reasonable payment plan or make reasonable interest payments based on the fair market rate on the value of the creditor's real estate during the bankruptcy proceedings.

The $ 575 million asset sale, approved by the Ontario Superior Court of Justice and the U.S. Bankruptcy Court for the District of Delaware, represents a new chapter for PSG, which commenced concurrent creditor protection proceedings in Toronto and Wilmington on October 31, 2016 under Canada's Companies» Creditors Arrangement Act and under Chapter 11 of the U.S. Bankruptcy Code.

It can also halt foreclosure proceedings and debt - related lawsuits, giving you breathing room from creditors and time to focus on your bankruptcy case.

His practice focuses on bankruptcy litigation and complex commercial litigation, and he has represented major financial institutions and creditors in connection with trials and proceedings in bankruptcy courts around the country.

Recent cases include: Axiom Litigation Financing Fund (acting for the «receiver / liquidator» of a Caymans Islands fund: # 110m dispute); Frauntled Management Limited v Featherwood ($ 13m investment dispute before the BVI Court of Appeal); BBX Capital Asset Management v Royal Bank of Canada & Ors ($ 30m Cayman dispute relating to transaction to defraud creditors / sham trusts); Trinity Management Group Ltd v Burke Consolidated Ltd (s. 184I / s.175 BVI dispute); Maruti Holdings PTE Limited v Sinclair Strategies Limited (BVI jurisdictional challenge); QVT Fund & Ors v China Zenix Auto International Limited (s. 184I and s184C BVI dispute: interim injunction) In addition, the international nature of commercial fraud often results in Paul advising in relation to proceedings before off - shore courts such as in VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Nevis.

His cases have included contested winding - up proceedings / shareholder disputes / protection; worldwide freezing and disclosure orders in respect of large scale fraud; company law, property and contractual disputes; trust disputes; breach of directors» duties / breach of fiduciary duties / recovery of assets; advising on Cayman Islands «STAR» trusts / transactions to defraud creditors.

Though using the language of «iniquity», in the context of civil proceedings, the Court of Appeal nonetheless was clear that the impugned conduct was as a type of fraud (in this case, on the creditors), within the meaning of section 423 of the Insolvency Act 1986.

Reid & Hellyer is also the home to experienced Riverside bankruptcy litigation attorneys skilled in adversary proceedings and other facets of bankruptcy litigation on behalf of creditors and debtors.

On March 5, 2010, the Ontario Superior Court of Justice — Commercial List in Toronto appointed Nelligan O'Brien Payne LLP (Ottawa) and Shibley Righton (Toronto) as Representative Counsel for continuing and former salaried employees and retirees of the LP Entities who are not represented by a union, or were not represented by a union at the time of their separation from employment by Canwest Publishing Inc. and certain other entities (the «LP Entities»), in the ongoing insolvency proceedings of the LP Entities under the Companies» Creditors Arrangement Act (the «CCAA Proceedings»).

Applying the common - law «interest stops rule» normally applied in Bankruptcy and Insolvency Act proceedings, Justice Newbould ruled that post-filing interest was not payable on the Crossover Bonds.5 Justice Newbould began his reasons with reference to the «fundamental tenet of insolvency law that all debts shall be pari passu and all unsecured creditors [shall] receive equal treatment».6 Justice Newbould found that the status quo with respect to unsecured creditors should be maintained as at the date of Nortel's filing and that to permit certain claims to grow disproportionately to others during the CCAA stay period would violate the status quo.

On this issue, the appellants argued that the proposed appeal would not unduly hinder the progress of Nortel's CCAA proceedings, as main steps and issues remained to be finalized before distributions to creditors could be made.

There are summary proceedings which cut down on the amount of time and expense it takes to pay creditors and to transfer assets to the estate's beneficiaries and / or heirs.

His practice focuses on protecting the rights of creditors, protecting the rights of debtors, representing creditors, debtors, equity holders, trustees, receivers, purchasers of assets, and other interested parties in bankruptcy proceedings, complex business litigation, and tort litigation.

Steven M. Spector's practice focuses on the representation of debtors and creditors in reorganization proceedings and the representation of banks and financial institutions in bankruptcy and state court.

If proceedings are ongoing in an English court between the parties at the time when one of the parties seeks recognition or enforcement of a foreign judgment on the same issue (s), the English court is likely to stay the English proceedings until the judgment creditor's claim for recognition and enforcement has been determined.

We need volunteer attorneys to assist clients with: revision or completion of schedules, adversary proceedings on behalf of debtors or creditors, and more.

a) the respondent was habitually resident in the State of origin at the time proceedings were instituted; b) the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; c) the creditor was habitually resident in the State of origin at the time proceedings were instituted; d) the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there; e) except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by the parties; or f) the decision was made by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties.

She has extensive experience in advising clients on problem loans and creditor's rights and remedies, including real property and UCC foreclosures, deeds in lieu of foreclosure, writs and receivership, and relief from stay proceedings.

We advise distressed companies, their boards of directors and sponsors, as well as lenders, investors, and other creditors on bankruptcy and insolvency proceedings, including formal insolvency proceedings and related litigation.

Experienced in a wide range of bankruptcy matters, Tom Horan focuses his national practice on the representation of debtors and official unsecured creditors committees in complex Chapter 11 proceedings.

Francisco Lim and Oliver Pantaleon acted for STI Education Systems Holdings, the largest creditor of the Philippine Women's University (PWU), in foreclosure proceedings on PWU's properties and opposing the petition for the rehabilitation of PWU filed by another creditor.

Since distributions on claims tend to be made rather towards the end than the beginning of a liquidation, creditors are naturally interested in the swift conclusion of insolvency proceedings.

China Cement concerned the question of whether and in what circumstances directors of Cayman Islands» companies are authorised to seek to commence court supervised restructuring proceedings (which provide the protection of a moratorium on unsecured creditor action) by presenting a winding - up petition and applying for the appointment of provisional liquidators.

Where the last day of the limitation period falls on an official holiday or other dies non juridicus precluding the appropriate legal action in the jurisdiction where the creditor institutes legal proceedings or asserts a claim as envisaged in article 13, 14 or 15, the limitation period shall be extended so as not to expire until the end of the first day following that official holiday or dies non juridicus on which such proceedings could be instituted or on which such a claim could be asserted in that jurisdiction.

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.

As a partner in Akin Gump's litigation practice, Ms. Koopersmith focused on litigating complex commercial disputes, including consumer class actions, in federal and state courts; representing creditors» committees in complex bankruptcy proceedings; and representing foreign interests litigating claims in the U.S. courts.