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Does a stock-secured loan constitute a secured creditor in a criminal forfeiture proceeding?
Wiki User
∙ 14y ago
It should, since specific property is contemplated as security for the loan. The burden might be on the creditor to prove in court that such a loan existed to establish his claim. Written loan agreements setting forth the security interest of the creditor in the stock should be sufficient, if signed by the debtor.
Wiki User
∙ 14y ago
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What do you do when a creditor in bankruptcy files an adversary proceeding?
An adversary is just a lawsuit. If you don't want the judge to rule against you you need to file an answer.
Can you file bankruptcy on payday advances in Alabama?
Yes, but the creditor might file an adversary proceeding to object to the discharge if the debt was fraudulently incurred.
Is it legal for a credit company attorney to be sending relief from stay motion papers directly to the creditor instead of the attorney which represents the creditor that has filed chapter 13?
If a creditor files a motion for relief from stay in any bankruptcy proceeding, the papers should be served on the debtor's attorney of record.
What happens when you die and you have no heirs and you owe money?
Generally, your creditor(s) may petition the probate court to commence a probate proceeding for your estate if you have left any assets. Then, the creditor can file a claim against the estate. If you die with no assets in your name, your creditors are out of luck.
What are Adversaries?
Adversary proceedings are proceedings that occur in bankruptcy court. This refers to a creditor arguing that a debt should be paid by the other person in the proceeding, instead of being thrown out or dismissed.
what are adversary proceedings?
Adversary proceedings are proceedings that occur in bankruptcy court. This refers to a creditor arguing that a debt should be paid by the other person in the proceeding, instead of being thrown out or dismissed.
How can you prove that a judgment has been discharged in a bankruptcy?
The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
What should you do after being served to show in court over delinquent credit card debt and will the creditor still accept 30-50 of the balance?
File an entry denying everything in the court case. Than contact the creditor directly and negotiate a proce. Once agreed, set an entry outlining the agreement. If your creditor has already begun a legal proceeding, you have lost a lot of your negotiating position. Can't hurt to ask.
What is the definition of the word ruplevin?
* An action to recover the possession of personal property taken or withheld from the owner unlawfully. * A legal proceeding in court to seize property (other than real estate) given as security for a debt that is in default. * A type of legal proceeding to recover possession of personal property unlawfully taken or unlawfully held. It is commonly files by a secured creditor to recover possession of his collateral. In some states this proceeding is referred to as a "claim and delivery proceeding" * A legal action which entitles the rightful owner of property that has been wrongfully kept from him or her to recover it.
What is the definition of the word repelevin?
I believe you were going for Replevin. * An action to recover the possession of personal property taken or withheld from the owner unlawfully. * A legal proceeding in court to seize property (other than real estate) given as security for a debt that is in default. * A type of legal proceeding to recover possession of personal property unlawfully taken or unlawfully held. It is commonly files by a secured creditor to recover possession of his collateral. In some states this proceeding is referred to as a "claim and delivery proceeding" * A legal action which entitles the rightful owner of property that has been wrongfully kept from him or her to recover it.
Why hasn't the creditor picked up the secured vehicle if you filed chapter 7 bankruptcy and if they don't is it yours to keep?
More than likely the lender has not requested as yet had the BK stay lifted. If a secured creditor does not receive permission to be excluded from the BK they must wait until the discharge is final before proceeding with repossession action. No, the borrower does not get to "keep" the vehicle unless they are able to reaffirm the loan with the lender.
Is a creditor an asset or liability?
creditor is a liabiliity
