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Topic: Debtor

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	Search Results for "debtor"
		Law A debtor that, upon voluntary petition or one invoked by the debtor's creditors, is judged legally insolvent.
		A legal proceeding whereby money or property due a debtor but in the possession of another is applied to the payment of the debt owed to the plaintiff....
		An authorization to a debtor, such as a bank or nation, permitting temporary suspension of payments....
	www.bartleby.com /cgi-bin/texis/webinator/sitesearch?FILTER=col61&x=10&y=12&query=debtor (361 words)

	Law.com - Debtor's Attorneys See Red in Senate Bill
		The bill's harsh treatment of debtor's attorneys, said unhappy practitioners and others, is just part of its primary goal of making Chapter 7 bankruptcies -- in which debtors seek discharge of their debts -- as difficult as possible.
		Require the debtor's attorney to certify the accuracy of all factual allegations in the debtor's bankruptcy petitions and schedules.
		A number of debtor and creditor attorneys said that the proposed certification requirements would force them to hire private investigators, appraisers and auditors to verify the value of client assets.
	www.law.com /jsp/article.jsp?id=1110881110218 (1622 words)

	Debtor Creditor Law (Site not responding. Last check: 2007-10-29)
		If no written waiver of the debtor’s homestead rights has previously been signed the debtor may also be able to redeem his or her homestead (dwelling and land not exceeding $12,500 in value).
		Second, if a debtor is insolvent both before and after the forgiveness of debt, his or her tax attributes (net operating losses, credits, basis) are reduced to offset the indebtedness income but the excess is not treated as income.
		Third, if a debtor is solvent, the forgiveness of “qualified farm indebtedness” (debt incurred directly from farming and debtor received 50% of gross income from farming in the last three years) can be offset against tax attributes.
	www.nebls.com /farm_debtor_creditor_law_in_nebraska.htm (1951 words)

	Debtors' Hell -- Debt Collection -- Debtors' Hell -- Debt Management - Boston.com
		This Boston Globe Spotlight Team investigation into the world of consumer debt in the United States found a system where debt collectors have a lopsided advantage, debtors are often treated shabbily by collectors and the courts, and consumers can quickly find themselves in a life-upending financial crisis.
		As the debt collection business in America continues to boom -- $66 billion worth of delinquent credit cards alone were purchased last year -- many debtors find themselves with their backs to the wall, laden with bills they can't pay and lacking protection from a seemingly unconcerned government.
		Subscribe to this podcast (it's free) to receive each day's installment, including the main stories and sidebars, four debtors' stories in their own words, tips from specialists on how to handle debt, and a roundtable discussion by the members of the Spotlight Team as they discuss the series.
	www.boston.com /news/specials/debt (423 words)

	CHRISTOPHER PILAVIS, Debtor (Site not responding. Last check: 2007-10-29)
		As a result Debtor could not fraudulently convey it and the quitclaim deed from Debtor to Defendant n31 was merely confirmatory of the actual interests in the Yarmouth Property.
		The Debtor contends that the Plaintiff's action with respect to his transfer of the Warren property is untimely.
		Debtor and Defendant assert that the consideration for the transfer was adequate as it arose in the context of their divorce and in termination of marital rights.
	www.craigmacauley.com /cases/5-3-99.htm (4570 words)

	CLAMP-ALL CORPORATION, Debtor (Site not responding. Last check: 2007-10-29)
		The debtor's failure to timely file its plan or have it accepted by creditors within the period of exclusivity are among those conditions which may terminate that right of exclusivity.
		Those creditors who are ignorant of the debtor and its affairs, the ones for whose protection section 1125 requires court approval of the disclosure statement, would instead be presented with numerous documents containing inconsistencies, omissions, and misleading or incorrect statements.
		Parties opposing a debtor's plan are not prohibited from soliciting rejection of the proposed plan by "arguing that [a]debtor's plan does not exhaust the panoply of possibilities for reorganization, nor are they prohibited from pointing out failings which they perceive to be present in the debtor's plan." Temple Retirement, 80 B.R. at 369.
	www.craigmacauley.com /cases/5-7-99.htm (6280 words)

	Debtor's Prison
		By forcing debtors to become fully responsible for their debts, and by not allowing them to avoid payment of a debt by remaining idle or remaining poor, we would very likely bring more responsible behavior to other areas of their lives.
		Apart from the benefit debtors prisons would have on making it easier for the poor to succeed in business by allowing them to collect from their debtors, more readily available credit would also make it easier for the poor to start businesses or to otherwise make meaningful investments.
		If my prospective clients faced the prospect of debtors prison if they refused to pay their bill, I would seldom refuse clients simply because they were unable to pay my bill when they walked in the door.
	www.jesbeard.com /w2.htm (1723 words)

	Bankruptcy Exemptions
		The state personal property exemption cap: The Texas debtor is allowed a certain portion of personal property exempt from garnishment, attachment, etc. The aggregate amount which is allowed the debtor is determined based upon the debtor's status.
		The self-employed debtor must rely upon the exemption for unpaid commissions for personal services which is included in the property subject to the exemption cap and cannot exceed 25% of the cap.
		If the bankruptcy debtor chooses the Texas exemptions, insurance benefits are fully exempt in a bankruptcy proceeding of either the insured or the beneficiary.
	www.dallas-bankruptcy.com /bankruptcy_exemptions.htm (1815 words)

	[No title]
		At the same time, any assets of the debtor that were deemed exempt by the applicable State law, remain in the possession of the debtor.
		In essence, the personal assets of stockholders of the debtor corporation are not at risk, unlike a company that is owned by an individual and that is not incorporated in any form.
		The debtor in a Chapter 11 reorganization is referred to as the "debtor in possession".
	www.411bankruptcy.com /whatisbankruptcy.asp (861 words)

	Debtor And Creditor Lawyer, Lawyers, Attorney, Attorneys, Law Firms - Lawyers.com
		With secured debt, the borrower, or debtor, pledges to secure payment of the loan.
		To collect an unsecured debt, the creditor may have to hire a collections agency or file a lawsuit.
		Find a Debtor and Creditor attorney in your area.
	debtor-creditor.lawyers.com (348 words)

	In re Randall L. MUNGER, Debtor.
		We hold that Debtor did not possess such a right upon filing the Chapter 12 petition, because Debtor's rights in the subject property were extinguished upon the pre-petition recording of the certified copy of the judgment.
		Debtor's power as a hypothetical lien creditor under § 544(a) is a property right sufficient to allow Debtor to redeem or cure a default, but only if that right exists on the date the petition is filed.
		Debtor did not file his petition until nearly five months after the expiration of the redemption period, when it was too late.
	www.vtb.uscourts.gov /opinions/published/1998wl470410.html (1385 words)

	Daily Record (Rochester, NY): U.S. Bankruptcy Court judge finds debtor's student loans were not
		The debtor testified that between 1995 and 2000, she made monthly payments of $337.04 for student loans at a time when her yearly income was less than it is currently.
		Based on his examination of the debtor and of her medical records, Dr. Joseph concluded the debtor was capable of returning to the practice of law, and her decision to terminate her legal practice was a matter of choice rather than medical necessity.
		Because the debtor now derives sufficient income both to pay her student loan and to preserve a minimal living standard, her student loan obligations are not dischargeable in the present instance.
	www.findarticles.com /p/articles/mi_qn4180/is_20050623/ai_n14679173 (944 words)

	Blakeley & Blakeley LLP - DOES REPORTING YOUR DEBTOR'S BAD CHECK TO PROSECUTORS
		The debtor contended that the creditor willfully violated the automatic stay by reporting the debtor’s bad check to the county prosecutor for criminal prosecution.
		The debtor argued that the creditors referral to the county prosecutor was an attempt by the creditor to collect on the delinquent account.
		The debtor conceded that the county prosecutor’s criminal prosecution of the debtor was excepted from the automatic stay.
	www.bandblaw.com /articles/postsale/postsaleA1A/postsaleA1A-1.htm (1298 words)

	Litigation Professional Information Center: Creditor's Threat to Seek Revocation Of Debtor's Broker's License Could Be ...
		Debtor John J. Diamond III, a real estate broker, filed a Chapter 13 petition in October 2000 that he later converted to a Chapter 7 proceeding.
		The debtor filed a complaint in bankruptcy court against Premier and Pratt alleging that Pratt's statement was an improper attempt to collect, assess, or recover a debt through the use of coercive negotiation tactics in violation of the automatic stay.
		The judge said the debtor's damages are unclear, noting that he would have had to defend against the discharge proceeding regardless of the coerciveness of the statement.
	litigationcenter.bna.com /pic2/lit.nsf/id/BNAP-5SMLZ6?OpenDocument (770 words)

	Debtor and creditor - Wex (Site not responding. Last check: 2007-10-29)
		The final type of creditor is one who has neither a lien against the debtor's property or is the subject of a statutory priority.
		Creditors commonly seek to create a lien on a debtor's property through a judicial process of lien creation, which is governed by state law.
		A debtor may attempt to fraudulently convey a piece of property to avoid having it seized.
	www.law.cornell.edu /topics/debtor_creditor.html (566 words)

	Being Held Personally Liable for Debtor Company's Unpaid Taxes (Site not responding. Last check: 2007-10-29)
		And a corporate debtor's discharge from taxes under a reorganization plan that contains a release for the debtor's officers and directors may not discharge them from personal liability for the debtor's taxes, although they would certainly have a right to indemnification from the post-confirmation debtor.
		Debtors are almost assuredly in a friendlier forum in bankruptcy courts than in a state court in which a state is claiming a tax obligation due.
		The IRS filed a tax claim in the debtor's case for the corporation's tax debt, pursuant to Internal Revenue Code §6901, claiming that the transfer of assets from the corporation to the debtor was a fraudulent transfer under Colorado law, and therefore, the corporation's tax liability represented a nondischargeable tax claim.
	www.gtlaw.com /pub/articles/2001/kirsnerm01b.htm (2523 words)

	Minnesota Bankruptcy & Workout Law: Commercial Creditor/Debtor
		The debtor turns over some or all of his or her debts and assets to the trustee, and the trustee then liquidates the property by selling it off and dividing the resulting cash among the creditors.
		A reaffirmation is an agreement between the debtor and the secured creditor that the creditor will not exercise his or her right to take back the asset so long as the debtor makes payments.
		Provided that the debtor has not already given creditors reason to doubt its sincerity, e.g., by completely ignoring their letters or by consistently breaking promises, chances are good that creditors will agree on one of these plans.
	www.weblocator.com /attorney/mn/law/brupwork.html (3553 words)

	Litigation Professional Information Center: Unemployed Debtor With Psychological Condition Gets Undue Hardship Discharge
		Kelly said the facts in the instant case indicate that the debtor is seeking to discharge her student loan debt in good faith.
		Even though the debtor has never made a payment on her student loans, the judge said she has demonstrated her efforts to work with her student loan lenders to negotiate repayment.
		Moreover, he stated, "courts should base their estimation of a debtor's prospects on specific articulable facts, not unfounded optimism"; and the examination into future circumstances should not be extended beyond the foreseeable future.
	litigationcenter.bna.com /pic2/lit.nsf/id/bnap-5wkpp6?opendocument (928 words)

	Bankruptcy - Wex (Site not responding. Last check: 2007-10-29)
		Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors.
		An additional purpose of bankruptcy law is to allow certain debtors to free themselves (to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid infull.
		The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings.
	www.law.cornell.edu /topics/bankruptcy.html (660 words)

	Uniform Commercial Code (UCC) (Maine)
		The debtor name index search is designed to allow searchers to find variations of debtor names on UCC records in the Secretary of State's office.
		For example, a debtor name variation may appear, although the lien may have expired or was terminated prior to July 1, 2001.
		Disclaimer: This debtor name index search is not the official search of the UCC records in the Secretary of State's UCC Information Management System and, therefore, does not provide any filing information.
	www.state.me.us /sos/cec/corp/debtor_index.shtml (187 words)

	11 USC 109. Who may be a debtor
		The exception to discharge for debt incurred for death or personal injury caused by the debtor's operation of a motor vehicle while intoxicated is expanded to include the operation of a motor vehicle, vessel, or aircraft.
		The limitations regarding the debtor's ability to pay and weighing the benefit of the discharge against the detriment to the spouse or child are deleted.
		Homeowner association, condominium, and cooperative fees incurred after filing, which were previously not discharged only as long as debtor continued to reside in or rent out the unit, are now excluded from discharge as long as the debtor legal, equitable, or possessory ownership interest in the unit.
	www.doney.net /bra/523.htm (1912 words)

	Legal Definition of Debtor
		A debtor is bound to pay his debt personally, and all the estate he possesses or may acquire, is also liable for his debt.
		When they are severally bound each may be sued separately, and on the payment of debt by one, the others will be bound to contribution where all had participated in the money or property which was the cause of the debt.
		Debtors are also principal and surety; the principal debtor is bound as between him and his surety to pay the whole debt and if the surety pay it, he will be entitled to recover against the principal.
	www.lectlaw.com /def/d014.htm (163 words)

	Debtor's Rights
		A debtor is someone who owes a debt or money to someone else.
		Except in certain bankruptcy situations, a debtor can choose to pay debts in any priority he or she chooses.
		If two or more members of a household are judgment debtors, each person is entitled to claim these exemptions in the same or different property.
	www.osbar.org /public/legalinfo/1021.htm (1497 words)

	: GN 02210.217 - Debtor Unable or Unwilling To Refund Overpayment - DCR/DS Actions - 02/21/2002 (Site not responding. Last check: 2007-10-29)
		If a debtor alleges inability to repay a title XVI debt, obtain financial information from the debtor as in GN 02210.217A.1.
		If appropriate, tell the debtor that the debt is subject to administrative offset (see SI 02220.013), credit bureau reporting (see SI 02220.014) and we may collect in the future by cross program recovery (see SI 02220.020).
		If the debtor does not wish to repay or is not in TOP, follow GN 02210.217B.1.a.
	policy.ssa.gov /poms.nsf/lnx/0202210217 (2301 words)

	ABC News: Debtor Claims Trafficking Ring Hurt Credit (Site not responding. Last check: 2007-10-29)
		NEWARK, N.J. May 27, 2005 (AP)— A debtor claimed Friday that a collection agency improperly discovered and seized his bank account because of information stolen by a ring accused of trafficking in hundreds of thousands of stolen names and Social Security numbers.
		Lawyers for some debtors, and people who have had their pay garnisheed, are seeking to subpoena police records, he said.
		Jones received a letter in the past week from Commerce Bank alerting him that he was among account holders whose names were found on Lembo's computers, the lawyer said.
	abcnews.go.com /Business/wireStory?id=797583 (360 words)

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