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bankruptcy protection (85 results), Chapter 11 bankruptcy protection (21 results), bankruptcy law (12 results), bankruptcy filing (4 results), American Bankruptcy Institute (2 results)
BNET Business Dictionary
- Bankruptcy
- the condition of being unable to pay debts, with liabilities greater than assets. There are two types of bankruptcy: involuntary bankruptcy, where one or more...
- Bankruptcy definition on BNET »
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- 4th Circuit Court of Appeals says bankruptcy court can revoke gift
- The 4th U.S. Circuit Court of Appeals has rebuffed two siblings claiming that since American laws do not generally apply outside the country, a bankruptcy court should not be able to revoke their mother's gift of a house in the Bahamas.Section 548 of the U.S. Bankruptcy Code holds that transfers...
- Research articles 2006-02-23
- Economics of Bankruptcy
- Bankruptcy is the legal procedure by which the assets of a debtor are distributed among its creditors. The debtor can be either an individual or a firm. In corporations, bankruptcy happens when either the firm or the creditors delegate a third party - be it a judge or other public...
- White papers 2006-01-01
- Credit education as loss mitigation: there is a compelling business case for why mortgage lenders should invest in credit education for consumers. Mortgage servicers, especially, would see big dividends from helping borrowers remain on sound financial foo
- IN OCTOBER 2003 THE BOARD OF GOVERNORS OF the Federal Reserve Bank organized a conference, The Payments System in Transition. Opening the conference, Federal Reserve Chairman Alan Greenspan expressed the hope that participants would focus on future r IN OCTOBER 2003 THE BOARD OF GOVERNORS OF...
- Research articles 2004-02-01
- Overview on Bankruptcy for the Family Farmer
- Bankruptcy is allowed through the United States Constitution1 where it gives Congress the power to create uniform laws defining and regulating bankruptcy. The main purpose for allowing bankruptcy is to create a fresh start for debtors that are honest but face serious financial problems and balance that with fairness for...
- White papers 2005-05-01
- Foreign Debtors Beware! Globopar Recognizes That You May Be Hauled Into a U.S. Bankruptcy Case Involuntarily
- The voluntary submission by a foreign debtor to the jurisdiction of a U.S. Bankruptcy Court in a plenary bankruptcy case under §3012 or an ancillary proceeding under §3043 is not uncommon. Recently, however, creditors have sought to haul foreign corporate debtors into U.S. bankruptcy proceedings by filing involuntary petitions pursuant...
- White papers 2005-03-02
- Bankruptcy, Is It a Way Out
- Bankruptcy law evolved as a reaction to the abuses surrounding debtor's prison. Before the nineteenth century a prison system existed for those who didn't pay their bills. If a merchant filed a claim, the debtor was incarcerated until his debts were paid. The lender was legally responsible for the expenses...
- White papers 2005-02-20
- IRS changes stance on debtors' pensions.
- According to a recent notice, the IRS will no longer argue that the value of its secured claim includes the debtor's interest in a pension plan excluded from the bankruptcy estate under Bankruptcy Code Section 541 c (2). According to a recent notice, the...
- Research articles 2004-12-01
- State law preference actions: a thing of the past?(Credit Column)
- Sherwood Partners v. Lycos, Inc. Introduction Credit grantors usually think of a preference claim as part and parcel of a debtors bankruptcy case. However, numerous states have insolvency proceedings that also permit the recovery of pref...
- Research articles 2005-03-01
- Bankruptcy's 'Free And Clear' Assets May Include Unwanted Luggage
- From the executive summary: ‘Purchasing assets from a debtor in bankruptcy can be an effective method of acquiring products or businesses at a discount. Also, such sales are not limited to businesses that are liquidating or going out of business. Debtors will frequently offer to sell underutilized assets in order...
- White papers 2004-02-06
- Preferences
- A preference or preferential transfer under Section 547b of the federal bankruptcy code is: A payment or transfer of an interest in property received by a creditor within a defined period prior to the payor debtor filing bankruptcy. The purpose of the law is to discourage disparate treatment of creditors...
- White papers 2003-08-21
- The Trade Creditor, Bankruptcy, and the Automatic Stay: Four Things Unsecured Trade Creditors Can Do When Collection Efforts are Automatically Stayed
- Article deduces that in the world of commerce, the use of unsecured trade credit to facilitate transactions is commonplace. Sooner or later almost every trade vendor will find that it has sold goods on credit to a customer who files for bankruptcy protection without having paid for its purchase. It...
- White papers 2003-05-27
- Delaware Bankruptcy Court’s Rulings Threaten Use Of “Lockup Agreements” In Prenegotiated And Prepackaged Plans
- In a conventional case under chapter 11 of the federal Bankruptcy Code, a debtor files a bankruptcy petition and then negotiates a reorganization plan and solicits votes after the bankruptcy court approves a disclosure statement. In recent years, however, more and more debtors, with the cooperation of their lenders and...
- White papers 2003-05-01
- Recent Developments in Bankruptcy and Restructuring Vol.2, 5
- “First day” motions accompanying debtor’s bankruptcy petition, particularly in bankruptcy mega-cases involving large retail chains, routinely include an application for authority to pay the pre-bankruptcy claims of vendors and other Creditors without whom the debtor could not continue to operate its business. Many bankruptcy judges grant such “critical vendor” motions...
- White papers 2003-05-01
- Recent Developments in Bankruptcy and Restructuring Vol.2, 3
- A basic tenet of federal bankruptcy law is that the automatic stay suspends creditor collection efforts and litigation against a debtor that files for bankruptcy protection, but does not apply to actions directed toward non-debtor third-parties. Still, there are exceptions to the rule. Under the right circumstances, the scope of...
- White papers 2003-03-01
- General Steps To Filing Bankruptcy
- The paper describes the steps for filing a bankruptcy. The most difficult aspect of filing bankruptcy is not the court appearance. It is trying to understand the legal questions and issues as they relate to your particular situation; identifying the best time to file, or if you should file, and...
- White papers 2003-01-01
- Bankruptcy By The Numbers : A Tale Of Two Chapters
- Consumer debtors have two primary options in bankruptcy –to pay some or all of their debts out of future earnings under chapter 13, or to liquidate non-exempt property, if any, to satisfy creditors while protecting future earnings under chapter 7. To date, the majority of consumer debtors have opted for...
- White papers 2003-01-01
- On the Brink of Bankruptcy: Assisting Clients in Financial Distress
- The paper discusses that the problem with many bankruptcy filings is that the debtor is not being set up to get genuine relief. The debtor becomes a repeat customer because the debtor is not forced to make the hard decisions up-front. If a bankruptcy is unavoidable, then the attorney should...
- White papers 2003-01-01
- Selected Intellectual Property Issues Arising in Bankruptcy Cases
- Section 365 of Title 11 of the United States Code (the “Bankruptcy Code”) allows a trustee or debtor in possession to assume and assign or reject an executory contract, in order to maximize the profitability and value of the debtor’s estate. Article displays that the debtor must cure outstanding defaults...
- White papers 2003-01-01
- Debtor May Avoid Bankruptcy Remote Provisions by Orchestrating Filing of Involuntary Bankruptcy
- In order to increase certainty and to decrease the cost of borrowing, lenders have increasingly sought to prevent borrowers from filing bankruptcy petitions by including “bankruptcy remote provisions” in their borrowers’ bylaws. Bankruptcy remote provisions are designed to make bankruptcy unavailable to a borrower without the affirmative consent of the...
- White papers 2003-01-01
- The Edge: Reflections on Prepackaged Chapter 11 Bankruptcy Plans
- There is often the possibility that the 'expediency' of the 'packaging' will provide the creditors with less time and greater difficulty to fully evaluate and fully protect their interests. This risk materially increases if creditors do not seek competent bankruptcy counsel to help them "unwrap" the "package" and ensure that...
- White papers 2003-01-01
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