SECURITIES AND EXCHANGE COMMISSION Washington, D.C.
... The Applicants believe that the issuance of the Notes is exempt from the registration requirements of the Securities Act of 1933, as amended (the “ Securities Act ”), and state securities and “blue sky” laws pursuant to Section 1145(a)(1) of the Bankruptcy Code. Generally, Section 1145(a)(1) of the ...
... The Applicants believe that the issuance of the Notes is exempt from the registration requirements of the Securities Act of 1933, as amended (the “ Securities Act ”), and state securities and “blue sky” laws pursuant to Section 1145(a)(1) of the Bankruptcy Code. Generally, Section 1145(a)(1) of the ...
CALPINE CORP (Form: 8-K, Received: 09/20/2007
... Amended Disclosure Statement. Accordingly, this announcement is not intended to be, nor should it be construed as, a solicitation for a vote on the Second Amended Plan. The Second Amended Plan will become effective only if it receives the requisite stakeholder approval and is confirmed by the Bankru ...
... Amended Disclosure Statement. Accordingly, this announcement is not intended to be, nor should it be construed as, a solicitation for a vote on the Second Amended Plan. The Second Amended Plan will become effective only if it receives the requisite stakeholder approval and is confirmed by the Bankru ...
CONSECO INC (Form: 8-K, Received: 03/21/2003
... (the "Disclosure Statement") and related second amended joint plan of reorganization (the "Plan") with the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division (the "Bankruptcy Court"). Copies of the Disclosure Statement (including certain minor technical correction ...
... (the "Disclosure Statement") and related second amended joint plan of reorganization (the "Plan") with the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division (the "Bankruptcy Court"). Copies of the Disclosure Statement (including certain minor technical correction ...
1 THE CROSS-BORDER INSOLVENCY OF INTERNATIONAL
... whom this work would not have been completed. This study owes much to his international expertise and advice, intellectual insights, and great encouragement. I also thank Professor Neil Andrews for his dedication, great thoroughness and critical thinking for the first half of the thesis. I thank Mur ...
... whom this work would not have been completed. This study owes much to his international expertise and advice, intellectual insights, and great encouragement. I also thank Professor Neil Andrews for his dedication, great thoroughness and critical thinking for the first half of the thesis. I thank Mur ...
Harvard Law School
... to commit assets to bond their agreements with their creditors and, correlatively, to shield those assets from the claims of their owners’ personal creditors. This legal characteristic — which two of us previously termed “affirmative asset partitioning,”1 and which we here call “entity shielding”2 – ...
... to commit assets to bond their agreements with their creditors and, correlatively, to shield those assets from the claims of their owners’ personal creditors. This legal characteristic — which two of us previously termed “affirmative asset partitioning,”1 and which we here call “entity shielding”2 – ...
Law and the Rise of the Firm
... with their creditors and, correlatively, to shield those assets from the claims of their owners' personal creditors. This legal characteristic which two of us previously termed affirmative asset partitioning,' and which we here call entity shielding2 - has deep but largely unexamined roots in the hi ...
... with their creditors and, correlatively, to shield those assets from the claims of their owners' personal creditors. This legal characteristic which two of us previously termed affirmative asset partitioning,' and which we here call entity shielding2 - has deep but largely unexamined roots in the hi ...
Secured Transactions Summary: Fall 2001
... Third party creditors are often unaware that the property of their debtor is under seizure – may have to invest considerable resources to monitor debtor’s activities Third party may have rights in the property seized Can be devastating on those who depend on the debtor 4. Palliating limitation ...
... Third party creditors are often unaware that the property of their debtor is under seizure – may have to invest considerable resources to monitor debtor’s activities Third party may have rights in the property seized Can be devastating on those who depend on the debtor 4. Palliating limitation ...
Christian Bros. High School Endowment v. Bayou No Leverage
... 548(c) of the Bankruptcy Code, which the lower court conceded “may be thought to differ in some respects from the case law.” Bayou III, 396 B.R. at 847. In contrast to the vast weight of authority holding that a transferee is put on “inquiry notice” only upon receiving information indicating that th ...
... 548(c) of the Bankruptcy Code, which the lower court conceded “may be thought to differ in some respects from the case law.” Bayou III, 396 B.R. at 847. In contrast to the vast weight of authority holding that a transferee is put on “inquiry notice” only upon receiving information indicating that th ...
Commercial Law Developments 2010
... Bond trustee that had filed financing statements did not have perfected security interest in real property leases because such an interest is excluded from Article 9 of the Idaho Commercial Code and can be perfected only be recording in the real property records. While the leases were recorded, no a ...
... Bond trustee that had filed financing statements did not have perfected security interest in real property leases because such an interest is excluded from Article 9 of the Idaho Commercial Code and can be perfected only be recording in the real property records. While the leases were recorded, no a ...
Consumer Law and Credit / Debt Law
... government organization that provides legal aid to British Columbians. LSS is funded primarily by the provincial government and also receives grants from the Law Foundation and the Notary Foundation. This manual explains the law in general. It is not intended to give you legal advice on your particu ...
... government organization that provides legal aid to British Columbians. LSS is funded primarily by the provincial government and also receives grants from the Law Foundation and the Notary Foundation. This manual explains the law in general. It is not intended to give you legal advice on your particu ...
Does Debtor Protection Really Protect Debtors? Evidence from the Small Business Credit Market
... (2001), and Gropp, Scholz, and White (1997)). These studies find that higher exemptions reduce availability and amount of credit to households. ...
... (2001), and Gropp, Scholz, and White (1997)). These studies find that higher exemptions reduce availability and amount of credit to households. ...
MAKING SURE THE BAD GUYS PAY
... i. Three tests of insolvency 1. Ceased to pay debts in ordinary course of business 2. Cannot pay his debts as they become due 3. Insolvency as defined by the federal bankruptcy code b. Misrepresentation of Solvency. If the seller discovers that the buyer received goods on credit, while insolvent he ...
... i. Three tests of insolvency 1. Ceased to pay debts in ordinary course of business 2. Cannot pay his debts as they become due 3. Insolvency as defined by the federal bankruptcy code b. Misrepresentation of Solvency. If the seller discovers that the buyer received goods on credit, while insolvent he ...
I. The Basic Checking Relationship and the Bank`s Right to Pay
... iii. Three considerations limit the practicality of the customer’s right to stop payment: 1. The customer must act promptly to exercise the right. 4-403(a) a. “Received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any [final] action by the bank with re ...
... iii. Three considerations limit the practicality of the customer’s right to stop payment: 1. The customer must act promptly to exercise the right. 4-403(a) a. “Received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any [final] action by the bank with re ...
Current Developments in Bankruptcy
... the assignee must attach a copy of the assignment and sufficient other information to evidence the assignee's ownership. In re King, 2009 WL 960766 (Bankr. E.D. Va. 2009)(claim may be disallowed if it contains no evidence of the ownership of the debt by the claimant); In re Gilbreath, 395 B.R. 356 ...
... the assignee must attach a copy of the assignment and sufficient other information to evidence the assignee's ownership. In re King, 2009 WL 960766 (Bankr. E.D. Va. 2009)(claim may be disallowed if it contains no evidence of the ownership of the debt by the claimant); In re Gilbreath, 395 B.R. 356 ...
Initial Phase - World Bank Group
... (the debtor’s history, assets and liabilities, operations in the case, description of the business plan, the plan funding, pre and post-confirmation management, avoidance actions, tax issues, risk factors and alternatives to the plan) to creditors/parties in interest to assist them in determining wh ...
... (the debtor’s history, assets and liabilities, operations in the case, description of the business plan, the plan funding, pre and post-confirmation management, avoidance actions, tax issues, risk factors and alternatives to the plan) to creditors/parties in interest to assist them in determining wh ...
Download Dissertation
... price information has become a particular challenge for investors and academics. To assess the probability of bankruptcy more accurately in the absence of equity market price information, a prediction model must be able to capture, from financial statements and other publicly available sources, a co ...
... price information has become a particular challenge for investors and academics. To assess the probability of bankruptcy more accurately in the absence of equity market price information, a prediction model must be able to capture, from financial statements and other publicly available sources, a co ...
Proposed features of a sovereign debt restructur
... creditors and official creditors, to address coordination and sequencing issues. The staff was asked to continue discussions with the Paris Club Secretariat regarding the possible modalities of coordination between the restructurings of official bilateral debt and private debt, whether outside or wi ...
... creditors and official creditors, to address coordination and sequencing issues. The staff was asked to continue discussions with the Paris Club Secretariat regarding the possible modalities of coordination between the restructurings of official bilateral debt and private debt, whether outside or wi ...
A Systems Approach to Comparing U.S. and Canadian
... lawmakers in the two countries set out to create very different systems, the systems were bound to converge over time toward a steady state in which the parts would form a functional whole. 2 Given that both countries decided to adopt plan-based, court-supervised reorganization regimes, there was a ...
... lawmakers in the two countries set out to create very different systems, the systems were bound to converge over time toward a steady state in which the parts would form a functional whole. 2 Given that both countries decided to adopt plan-based, court-supervised reorganization regimes, there was a ...
Identifying and Keeping the Genie in the Bottle
... creative activity. From a practical point of view, it has created a situation where the value of a company can be more "smoke and mirrors" than real. The ethereal nature of IP should be of particular concem to the parties to a bankruptcy proceeding because a principal focus in such cases is the iden ...
... creative activity. From a practical point of view, it has created a situation where the value of a company can be more "smoke and mirrors" than real. The ethereal nature of IP should be of particular concem to the parties to a bankruptcy proceeding because a principal focus in such cases is the iden ...
Bankruptcy Reform and the Housing Crisis.
... the bankruptcy cost under reform to produce a rise in the mortgage default rate of 21.6% for new homeowners in response to the BAPCPA.3 Next, we test whether the model produces a decline in house prices and a rise in mortgage default rates, on the order of that found in the data, in response to a ho ...
... the bankruptcy cost under reform to produce a rise in the mortgage default rate of 21.6% for new homeowners in response to the BAPCPA.3 Next, we test whether the model produces a decline in house prices and a rise in mortgage default rates, on the order of that found in the data, in response to a ho ...
Financial Distress and Divorce: Evidence from Bankruptcy
... In particular, do these laws affect families through their influence on the relative value of insurance, through higher levels of protected assets, or through credit markets? As is well known, over the past 20 years, the divorce rate in the United States has fallen steadily. Over the same period, th ...
... In particular, do these laws affect families through their influence on the relative value of insurance, through higher levels of protected assets, or through credit markets? As is well known, over the past 20 years, the divorce rate in the United States has fallen steadily. Over the same period, th ...
Subprime Lending, Suboptimal Bankruptcy: A Proposal to Amend
... assets (i.e., the debtor’s “exemptions”). One of those exemptions is often the debtor’s interest in at least a portion of her home equity. As subprime lenders drain home equity value, then, they potentially compromise the social insurance function of bankruptcy for subprime borrower-debtors by depri ...
... assets (i.e., the debtor’s “exemptions”). One of those exemptions is often the debtor’s interest in at least a portion of her home equity. As subprime lenders drain home equity value, then, they potentially compromise the social insurance function of bankruptcy for subprime borrower-debtors by depri ...
The Trust Indenture Act of 1939 and Out-of
... The Congress and SEC that passed the TIA undoubtedly favored restructurings through bankruptcy.30 However, changing views among legal commentators, as well as changes in federal and state law, have undercut this strict policy preference for judicial supervision.31 Notably, many financial and legal s ...
... The Congress and SEC that passed the TIA undoubtedly favored restructurings through bankruptcy.30 However, changing views among legal commentators, as well as changes in federal and state law, have undercut this strict policy preference for judicial supervision.31 Notably, many financial and legal s ...
The Securities Claim Exemption in Bankruptcy
... did not intend to include such claims within the scope of the securities claim exemption.5 He argued that, in general, only debts stemming from culpable conduct could be nondischargeable.6 At least one court has made a note of this argument.7 But, the court did not agree with or reject the argument ...
... did not intend to include such claims within the scope of the securities claim exemption.5 He argued that, in general, only debts stemming from culpable conduct could be nondischargeable.6 At least one court has made a note of this argument.7 But, the court did not agree with or reject the argument ...
Pension debts – priority of claims
... The general rule is that pension claims are unsecured and non-preferential. However, the following are exceptions to this. Some outstanding pension obligations are preferential debts under the Insolvency Act 1986. The amount of these is, however, relatively small – see below. Pension debts wil ...
... The general rule is that pension claims are unsecured and non-preferential. However, the following are exceptions to this. Some outstanding pension obligations are preferential debts under the Insolvency Act 1986. The amount of these is, however, relatively small – see below. Pension debts wil ...
Bankruptcy
Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.Bankruptcy is not the only legal status that an insolvent person or other entity may have, and the term bankruptcy is therefore not a synonym for insolvency. In some countries, including the United Kingdom, bankruptcy is limited to individuals, and other forms of insolvency proceedings (such as liquidation and administration) are applied to companies. In the United States, bankruptcy is applied more broadly to formal insolvency proceedings.