Not exact matches
As Gunnar Tomasson has observed: «The Creditary
View of Money holds that what ultimately gives money value is the
Debtor's ability to honor the terms
of his Loan Contract.»
The tools that creditors may use to enforce judgments vary from state to state, and California allows one
of the worst ones, at least from a
debtor's point
of view: wage garnishment.
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.
But the solution, in Biden's
view, was not to strip out the section
of the bankruptcy bill that cracked down on student
debtors.
From the
debtor's point
of view it makes sense because he can actually afford this.
In
view of the fact that current interest rates are at a historic low, it is an ideal time for
debtors to obtain a credit card debt consolidation loan.
From creditor's point
of views, this is an incentive to negotiate, which is better than forcing a
debtor into bankruptcy.
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.
In his
view, Lord Mance said the Court
of Appeal had erred with its justification that an enforcing court could make the decision, under the provisions
of s103 and article V
of the New York Convention,
of an issue raised under either subsection, conditional upon the provision
of security by the award
debtor in respect
of the award, there were no such provisions in either s103 nor article V.
A Company Voluntary Agreement (CVA) provides a company (
Debtor) experiencing financial difficulties with a quick and flexible way
of essentially restructuring its debts with unsecured creditors with a
view to continuing its business.
The few cases identified in Quebec and touching upon this concept generally took the
view that this concept could be seen as requiring the
debtor of an obligation
of means to use somewhat greater efforts than is generally required at law, but without going so far as requiring it to use «unreasonable» means in doing so.
Those serving demands without the benefit
of a judgment should also bear in mind that the courts have taken a dim
view of creditors who use the process merely as a threat to the
debtor with no intention
of following the matter through to the bankruptcy stage.