Sawin & Shea

NOVEMBER 24, 2021

An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. It goes into effect immediately when you file and protects you from those trying to collect from you, such as creditors, collection agencies, government entities, or any other person coming after you for money.

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Sawin & Shea

JUNE 21, 2023

When filing for Chapter 13, debtors don’t immediately discharge their debts. They may suspect that the debtor committed fraud or tried to deceive the court or their creditors in another way. Courts can punish this behavior by dismissing a case with prejudice, making it harder for the debtor to refile.

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Fraser

JUNE 25, 2020

Creditors of a bankrupt company must be aware of the various deadlines and procedures that govern the chapter 11 process in order to protect and enforce their rights. The petition date is the date on which a debtor files a chapter 11 bankruptcy proceeding. The Petition Date. Proof-of-Claim Bar Date.

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PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. by the existence of a separate provision, §542, that expressly governs the turnover of estate property.”

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Debt Free Colorado

MARCH 3, 2023

This type of bankruptcy enables the debtor to combine their debts, reach an agreement on a lower overall number and submit to a three-to-five-year plan for debt repayment. A case may be changed from a Chapter 13 filing to a Chapter 7 liquidation if the debtor doesn’t make payments on time. What Debts are Discharged in Bankruptcy?

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Bankruptcy Chapter 13 bankruptcy Credit Counselor Chapter 7 bankruptcy 52

BN Lawyers

MAY 28, 2019

Vigilant and proactive creditors can request that a separate bank/escrow account be created to prevent, or, at the least, minimize, commingling, resulting in the protection and preservation of important collateral. Texas, March 7, 2019). Del.Code Ann. 6, § 9–310(a).

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The Kaplan Group

JUNE 23, 2020

Here are some tips for both debtors and creditors considering a payment plan as a way to resolve an issue. Are you offering collateral? The federal government and some states are delaying the date when taxes are due. Normally on this blog we give advice to our clients and creditors who are owed money. DON’T forget about taxes.

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Credit Counselor Bankruptcy Creditors Debtor 59

Consumer Financial Services Law

JANUARY 22, 2021

Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The case, City of Chicago v. Fulton, No. 11 U.S.C. § 11 U.S.C. §

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Bankruptcy Chapter 13 bankruptcy Construction Debtor 40

Debt RR

OCTOBER 13, 2019

What laws govern business to business transactions? UCC filings are the standard for placing liens against other businesses or individuals with collateralized agreements. In each of these instances, the collateral for the UCC will vary. How can lenders feel confident in approving businesses for loans or leasing?

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The Creditors Rights

MAY 24, 2016

BAP 2016), the Ninth Circuit BAP concluded that the fair and equitable standards for confirmation deal with treatment of an allowed claim post-confirmation, but that allowance of an oversecured claim is governed by § 506(b). The value of the bank’s collateral exceeded the amount the bank was owed. The BAP reversed. Capital Corp.

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Debt RR

AUGUST 3, 2020

When a creditor or a government authority sues a business or individual for an unpaid debt, one of the options for settling is for the court to give the creditor the right to pull the funds from a bank account. State tax agencies, however, might still need to obtain a Writ of Garnishment and have a bank levy placed on the debtor.

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ABI

MARCH 9, 2020

(“Acis LP”) is a Delaware limited partnership investment adviser and collateralized loan obligation (“CLO”) manager. [4] 5] Acis was named as an alleged debtor in an involuntary petition for relief under chapter 11 of the Bankruptcy Code. [6] 4] Highland Capital Management L.P. 11]. Highland Capital Mgmt., 541, 545 (Bankr.

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Bankruptcy Debtor Collateral Construction 40

BN Lawyers

MARCH 23, 2020

If so, the company may qualify as a small business debtor under the Small Business Reorganization Act of 2019 (the “ SBA ”). Secured creditors can foreclose on their collateral if they are not paid and have special rights in a reorganization proceeding. The second is if the business’s debts are less than $2,725,625. Access New Credit.

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Debt Free Colorado

DECEMBER 9, 2021

The United States Bankruptcy Code governs both chapter 7 and chapter 13 bankruptcy. Chapter 7 bankruptcy is appropriate for unsecured debtors. Unsecured debt is debt without collateral. Collateral guarantees debt repayment. You should get legal assistance from a knowledgeable bankruptcy attorney in Denver.

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Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 75

Troutman Sanders

FEBRUARY 13, 2024

The judge stated that since Genesis never transferred the assets, they cannot be considered as collateral pledged by the debtor. However, the judge found that the contracts between Genesis and Gemini clearly required a transfer for the assets to be pledged as collateral. billion in debt. For more information, click here.

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