The loan administrator is responsible for handling
all transactions of a debtor when the said debtor has taken a loan.
Not exact matches
Debt
transactions can also include security features tied to certain assets
of a
debtor providing an even greater level
of security to creditors in the event
of default or bankruptcy.
deCODE's actual results could differ materially from those anticipated in the forward - looking statements as a result
of risks and uncertainties, including, without limitation, (1) the impact
of the announcement
of its bankruptcy filing on deCODE's operations; (2) the ability
of deCODE to maintain sufficient
debtor - in - possession financing to fund its operations and the expenses
of the Chapter 11 proceeding; (3) the ability
of deCODE to obtain court approval
of its motions in the Chapter 11 proceeding; (4) the outcome and timing
of the proposed sale
of deCODE's assets, including deCODE's ability to close a
transaction with SagaInvestments, LLC or any other purchaser; (5) the uncertainty associated with motions by third parties in the bankruptcy proceeding; (6) deCODE's ability to obtain and maintain normal terms with vendors and service providers and contracts that are critical to its operation; and (7) other risks identified in deCODE's filings with the Securities and Exchange Commission, including, without limitation, the risk factors identified in our most recent Annual Report on Form 10 - K and any updates to those risk factors filed from time to time in our Quarterly Reports on Form 10 - Q or Current Reports on Form 8 - K.
--(1) If the
debtor under a
debtor - creditor - supplier agreement falling within section 12 (b) or (c) has, in relation to a
transaction financed by the agreement, any claim against the supplier in respect
of a misrepresentation or breach
of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the
debtor.
(4) This section applies notwithstanding that the
debtor, in entering into the
transaction, exceeded the credit limit or otherwise contravened any term
of the agreement.
(a) Any creditor, when extending credit with respect to a consumer credit
transaction, other than under an open - end credit plan, shall at that time furnish to the
debtor a copy
of each instrument executed by the
debtor in connection with the consumer credit
transaction.
(ii) As to
transactions occurring after May 20, 1996, any creditor charging a finance charge in excess
of the amount authorized herein, except as specified in subdivision (2), shall forfeit to the
debtor the amount
of the actual economic damages not to exceed the finance charge, which may be done by reducing the amount
of the
debtor's obligation.
In a consumer credit
transaction contract where the original amount financed exceeds ten thousand dollars ($ 10,000) or the credit
transaction is secured by real property, the creditor may require the payment by the
debtor of attorney's fees prior to default by the
debtor in connection with the closing
of, amendment to, or modification
of the credit
transaction, provided that the attorney is not a salaried employee
of the creditor.
A contract for a consumer credit
transaction with an original amount financed exceeding three hundred dollars ($ 300) may provide for the payment by the
debtor of reasonable attorney's fees not exceeding 15 percent
of the unpaid debt after default and referral
of the contract to an attorney who is not a salaried employee
of the creditor.
Prior to entry
of judgment on a consumer credit
transaction, the creditor may not attach unpaid earnings
of the
debtor by garnishment.
With respect to a consumer credit
transaction, if any scheduled payment is more than one and one - half times as large as the average
of earlier scheduled payments, the
debtor has the right to refinance the amount
of that payment at the time it is due without penalty.
A creditor may not charge a
debtor the cost
of filing the lien and a premium for nonfiling insurance in a consumer credit
transaction.
Notwithstanding the garnishment procedure otherwise applicable after judgment, with respect to a consumer credit
transaction, the amount
of unpaid earnings
of the
debtor subject to garnishment shall not exceed the lesser
of:
(a) The administrator may bring an action to restrain a creditor or a person acting in his behalf from engaging in any business subject to licensing under subsection (a)
of Section 5-19-22 without first obtaining a license therefor as provided in Section 5-19-22 and a licensee or any person acting in his behalf from engaging in violations
of this chapter or engaging in a course
of fraudulent or unconscionable conduct in inducing
debtors to enter credit
transactions or in the collection
of debts.
A contract for a consumer credit
transaction with an original amount financed not exceeding three hundred dollars ($ 300) may not provide for payment by the
debtor of attorney's fees after default by the
debtor.
(e) An oral statement shall not be admissible to contradict the provisions
of a credit
transaction document, unless the
debtor establishes by clear and convincing evidence that the oral statement was made and that it constituted a misrepresentation
of a material fact relating to the character or essential terms
of the
transaction that was made principally to induce the
debtor to sign the document and upon which the
debtor reasonably relied in signing the document or entering into the
transaction.
For the purpose
of determining the permissible finance charge, any discount or point paid by the
debtor in connection with a consumer credit
transaction secured by a mortgage on real estate, even though paid at one time, shall be spread over the stated term
of the consumer credit
transaction.
With respect to consumer credit
transactions, where the debt is payable in installments, not made pursuant to an open - end credit plan and in which the original amount financed is one thousand dollars ($ 1,000) or less, the debt shall be scheduled to be payable in substantially equal installments at equal periodic intervals, except to the extent that the schedule
of payments is adjusted to the seasonal or irregular income
of the
debtor or when the
transaction is a single principal payment obligation irrespective
of the scheduled interest payments, and:
(b) With respect to the deferral
of one or more wholly unpaid scheduled payments in a consumer credit
transaction, in which the finance charge was determined by the precomputed method, the creditor may collect, by agreement with the
debtor either before or after default, an additional charge for each full month that any wholly unpaid scheduled payments are outstanding after the due date
of each scheduled payment equal to that proportion
of the finance charge which the amount
of the deferred monthly scheduled payment bears to the sum
of all monthly balances originally scheduled.
In the event
of the renewal, refinance, or payment in full
of the credit
transaction, the
debtor shall be entitled to a refund or credit
of any unearned portion
of the account maintenance fee under subsection (c)
of Section 5 -19-4, as
of the date
of such renewal, refinancing, or payment in full.
Since there is no record left
of the
transactions, the
debtors can often be left at the mercies
of relentless junk debt collections agents who cant testify with uncanny assurances that you still owe the debt, and they can do it often.
Her practice includes representing financial sponsors, corporate borrowers and various lenders on a wide range
of transaction types, including leveraged acquisition financings, high - yield bond issuances, asset - based revolving credit facilities, complex restructurings,
debtor - in - possession and exit financings and investment - grade, unsecured financings.
Restructuring & Insolvency: Leading expertise across an exceptional spread
of transactions covering a wide range
of jurisdictions and complexities, including debt restructuring and rescheduling, equity capital raising and restructuring, distressed M&A activity,
debtor advisory work, formal insolvency procedures and contingency planning and investigation, asset tracing and insolvency litigation.
Perkins Coie's Financial
Transactions & Restructuring group represents and advises secured and unsecured creditors, committees, lenders, trustees, borrowers, acquirors, indenture trustees and debtors on matters involving commercial finance transactions, public debt offerings, project finance, loan documentation, restructurings, workouts, bankruptcy and the enforcement of creditors» rights a
Transactions & Restructuring group represents and advises secured and unsecured creditors, committees, lenders, trustees, borrowers, acquirors, indenture trustees and
debtors on matters involving commercial finance
transactions, public debt offerings, project finance, loan documentation, restructurings, workouts, bankruptcy and the enforcement of creditors» rights a
transactions, public debt offerings, project finance, loan documentation, restructurings, workouts, bankruptcy and the enforcement
of creditors» rights and remedies.
She advises clients on corporate finance, bankruptcy and creditor -
debtor relations law, and counsels public and private companies in connection with senior and subordinated debt facilities and receivables financing, including factoring
transactions and securitizations and the issuance
of true sale and non-consolidation opinions.
We represent
debtors and creditors, including private equity firms, investment and mezzanine funds, investment and commercial banks, and finance companies and alternative lending sources in virtually every type
of financial
transaction.
As a member
of the debt products group, she acts for lenders and borrowers in a variety
of debt financing
transactions, from corporate lending to
debtor - in - possession financing.
He supervises the team
of accountants and makes sure they open
debtors account and update them with each
transaction.