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What happens if the title company declares bankruptcy after receiving funds from the sale of property?
I am unaware of any reason one would have deposits with a title company...they are not a bank or investment business.
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On the West Coast, escrow accounts are a very large business. These escrow accounts are typically held at Title Companies. If a title company goes BK I am sure there is some process for how to recover your money....assuming the reason they did go BK was a result of the owners draining the accounts and heading to Rio.
I would consult an attorney if you find out that a title company has a deposit, or escrow, etc. and then you hear they are going BK. Sometimes (depending on the jurisdiction), creditors will be paid based on the timing of the claim...in other words, first come, first serve. Also, you may want to check and see if there are insurance companies that guarantee the performance of Title/Escrow Companies. I am assuming these companies have bonds with bond insurers and ultimately you would get your money.
What else can I help you with?
When should a stockholder receive payment if a company declares bankruptcy?
A stockholder should receive payment only after the claims of the creditors have been paid off if that company declares bankruptcy.
Can a property management company file bankruptcy?
Sure.
What typically happens to ones retirement if a company declares bankruptcy?
If a company manages its own retiements system, the funds of the system are lost if the company declares bankruptcy. In the United States there is a system for insuring retirement systems, but the payout to individuals is generally much less through insurance than would have been provided by the retirement system itself. If a company has its employees contribute to a retirement system managed by a third-party provider, those employees who are vested in their accounts may not loose them if the employer declares bankruptcy.
What if your condominium declares bankruptcy?
Your condominium association is a public company. There are several types of bankruptcy, and the type chosen by the association will determine how business proceeds once bankruptcy is declared. Read more, below.
Can you sue the repo man if he takes the truck after you filed bankruptcy?
(A): "Can you sue the repo man if he takes your truck after you filed bankruptcy?" (B): The answer is "No". The truck is the property of the dealer, or finance company, until your final payment to them is made, and the receiver in bankruptcy may not seize property of which title belongs to a second party (dealer or finance company). Chris
If your company declares bankruptcy does this discharge your guaranty?
If the company is a corporation and you personally guaranteed the debt, the corporation's discharge of its debts does not discharge your obligation. If the company is you as a "DBA" then more than likely the discharge of the DBA (doing business as) discharges your personal guarantee.
After a relief from stay is granted to the mortgage company is the property still a part of the bankruptcy estate or does the mortgage company now have ownership rights to the property?
It is still yours until foreclosed formally...the stay just means they can do so.
When a judgment is awarded against a man and wife and his company and the husband files bankruptcy on the company but the wife is not a party to the bankruptcy can her wages be garnished?
If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.
Who takes over lawn care after you file bankruptcy on your house?
As long as you are living on the property and trying to save the home, you are responsible to maintain the lawn. If the bank takes possession , then a property management company will be brought in to take care of the property.
Can the company who filed bankruptcy stop your long term disability after 20 years 58yrs old. paid into this plan when working?
If you mean your employer filed for bankruptcy and stopped paying your LTC insurance premium, probably. You should get notice that you can pay the premium on your own. If you mean the LTC insurance company filed for bankruptcy and notified you that you were no longer insured, you may want to consult a local bankruptcy lawyer, since the answer may depend on state law. If you mean you have been receiving LTC insurance payments because you are receiving long-term care, consult a local attorney familiar with this issue. State law may not allow it, and you may have a priority claim in the bankruptcy.
The Two Major Corporate Bankruptcy Filings?
Just like people, sometimes a corporation accrues more debt than it actually has the ability to pay back. When this occurs, a corporation sometimes declares bankruptcy. However, corporations do not always use the same kinds of bankruptcy that individuals use. The two most common corporate bankruptcy filings are Chapter 7 bankruptcy and Chapter 11 bankruptcy. Chapter 7, which can also be used by individuals, is for businesses that are giving up entirely. If a company declares Chapter 7 bankruptcy, that company will cease operations immediately. At that point, legal ownership of the company is transferred to the bankruptcy court. When ownership of the company is transferred to the court, a lawyer will be appointed by the court to oversee the rest of the bankruptcy. This will include overseeing the closing of that corporation's facilities. It will also include a liquidation of the company's assets. The assets will be sold, and the proceeds of those sales will be used to pay back creditors that are owed money by the company. Chapter 11 bankruptcy, not used by individuals, is a bit different. Instead of the business being closed, the business is allowed operate normally during the bankruptcy. The goal of a Chapter 11 bankruptcy is the restructuring of the corporation so it can be profitable once again. There is also another potential benefit from this kind of corporate bankruptcy. All or a good portion of the company's previous debts and other obligations may be absolved. This is due to the fact that the goal of Chapter 11 bankruptcy is reorganization. Debt or other obligations that would force a company to go out of business may be removed to help that occur. Obligations other than debt that may be set aside by the court can vary. Usually this includes things such as agreements with unions on employee pensions and benefits, leases for real estate and other expensive contracts. However, even if a corporation attempts to enter Chapter 11 bankruptcy, there is still a risk that the company may be liquidated as part of a Chapter 7 bankruptcy. This can occur if a plan is not agreed upon by the corporation, its creditors and the court. If this happens, the only remaining options are either entering Chapter 7 or returning back to the company's pre-bankruptcy state. Since the company entered bankruptcy because survival without reorganization was unlikely, both choices are rather undesirable.
How is a bond buyer or bondholder different from a stockholders?
A bond buyer is a lender to the company, receiving fixed interest payments and a return of principal at maturity, while a stockholder is a partial owner of the company, receiving dividends and potentially capital gains based on the company's performance. Bondholders have priority over stockholders in the event of bankruptcy, with their claims being settled before stockholders.
