Tag Archives: CREDITORS

A Creditors’ Rights Perspective on Domestic Asset Protection Trusts

James J. White, Fraudulent Conveyances Masquerading as Asset Protection Trusts, 47 UCC L.J. 367 (2017), available at SSRN. Kent D. Schenkel Property rights are contingent. While property owners enjoy exclusive access to property owned, laws governing creditors’ rights moderate owners’ … Continue reading

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Making Sure to Include All Creditors in a Bankruptcy Filing

Failing to list all of your creditors during your bankruptcy case might mean that you cannot discharge the debt, especially if you intentionally omit a creditor. If the case is ongoing, you can amend your bankruptcy Schedules to include an additional … Continue reading

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How Does Bankruptcy Affect Creditors?

Just before Laertes went off to Paris in Hamlet, his father (Polonius) gave him a slew of fatherly advice. One suggestion was “Neither a borrower nor a lender be.” But most of us have ignored that advice. We are both … Continue reading

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Considerations for Service on an Unsecured Creditors Committee

With bankruptcy filings up by more than 25% in the recent past, and with the promise of many more to come in the near future, an increasing number of businesses and individuals may find themselves listed amongst the largest unsecured … Continue reading

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Equitable Subordination of a Creditors Secured Claim when such Secured Creditor is, itself, in

In a majority opinion dated December 15, 2009, the Ninth Circuit Bankruptcy Appellate Panel held that a chapter 11 debtor may not equitably subordinate a creditors claim and transfer the lien securing that claim, when such creditor is, itself, in bankruptcy, before … Continue reading

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