Business Scenarios 22-1 Voluntary vs. Involuntary Bankruptcy (a) Anyone can file for voluntary bankruptcy; they just have to be a debtor. Burke ranched is valued at $500,000 but she is only in debt with $70,000 and she can voluntarily petition herself into bankruptcy. (b) Neither Oman and Sneed force Burke into involuntary bankruptcy because she is a farmer and under these proceedings they cannot file against a farmer, who receives more than 50 percent of their gross income from farming. 22-2 Preferences The trustee (Peasle) can have the payments as preferences. Cools Springs extended the credit to Peasle, Peasle paying half of the amount owed on July 1, while Peasle father, who got paid on May 1. The payment of Cool Strings was made within …show more content…
But he following amount received by each is $600 for United Bank of the Rockies, Carlton and Dietrich will received $300 each. Because according to the code, each class (debt) in this priority must be paid before the next one and if their insufficient funds to pay the whole class than proceed are distributed equal within the class (Miller, 430-431). Business Case Problems 22-4 Discharge in Bankruptcy Harman promise to pay in 1999 to 2006 and he also signed a personal guaranty for the note which Carter Oaks Crossing defaulted. McAfree later sue them under the guaranty which the guaranty was not part of the bankruptcy filing. So, no the obligations under the guaranty have been discharge in the bankruptcy, as Harman claimed. 22-5 Discharge in Bankruptcy No, because according to the discharge exceptions the claims by creditors who were not notified of the bankruptcy and BRM was not notified and when they ask about the case they did not received no response making
I was wondering if you can call Deanna Strong and explain to her, we have a balance of $9.30, which is over 120 days and is not covered under her T&H. It is for unleaded gas, and we need payment for it. I told her a couple of months ago, and she said she was going to pay but I think she got confused. I will spread the T&H credit to the open invoice 2380625.
This check represents full satisfaction of our lien and the claimant’s third-party action. As you know, we agreed to accept $30,000.00 in satisfaction of our lien. We reserved our rights to offset against future payments of compensation.
Kitson (In re Kitson), 341 Fed. Appx. 234 (7th Cir. Ill. 2009) explains that a “bankruptcy filing [can] contain several misstatements and omissions, but [the court] concluded that they did not run afoul of Section 727(a) because none of them were material to the bankruptcy petition.” Alleman is a former employer of Mr. Kitson that has brought an appeal with a bankruptcy court for discharging Mr. Kitson’s debts to ultimately include two debts Alleman claims Mr. Kitson still owes to him. During this process Alleman has alleged Mr. Kitson had failed to provide records in regards to Kitson Enterprises, however, the court decided this was “immaterial” and “unrelated to Mr. Kitson’s personal bankruptcy.” It was further expressed by the court that Alleman had failed to prove his allegations against Mr. Kitson “how he, any other creditor, or the court was hindered in any material way by the misrepresentation.” Due to the failure of Alleman to prove Mr. Kitson had provided false or misstatements within the bankruptcy filing, the United States District Court for the Central District of Illinois affirmed the bankruptcy court’s
If the Lender receives money as a result of making such a claim as part of the distribution of the Borrower’s estate or any other reason, it may, subject to the requirement of any law, set that money aside. Subject to the requirement of any law, the Lender need not apply that money to pay the guaranteed debt until it has received sufficient to discharge the guaranteed debt and until that time your liability to pay the whole of the guaranteed debt will not be affected.
The plaintiff, First Colonial Bank for Savings entered into an interpleader action in the District court to determine who was entitled to the surplus proceeds from the foreclosure sale. The foreclosed property belonged to the defendants, Robert H. and Sherrell L. Bergeron, and the codefendants, Ford Motor Credit Company, the junior mortgagee of the foreclosed property as a result of corporate restructuring Ford Consumer Finance Company was substituted as the defendant for Ford Motor Credit Company. Both the Bergerons and Ford filed motions for summary judgement as they both felt entitled to the surplus. The district court ruled in favor of Ford Motor Credit Company and denied the Bergerons motion. The Bergerons appealed the decision of the District Court because they argued that they filed for and were discharged from bankruptcy prior to the foreclosure sale, therefore they believed that the security interest granted to Ford prior to their petition does not carry over to the surplus funds received after filing the petition.
The Company made a cash payment of $1 million to Bank A, and in exchange, Bank A
the case is about Ali Muhammad and CHMC as the insured persons of the property but Rick Muse mortgaging his home to a lender foreclosure the property.
K. Didden called the meeting to order. The customer overdraft and the employee overdraft reports were reviewed and initialed. R. Anderson made a motion to waive the reading of the previous minutes from the May 9, 2017 and May 16, 2017 meetings. R. Aldrich noted a change for the May 16, 2017 minutes for New Letterman Associates loan fee should read 0.375% not .0375%. Upon motion made and seconded, the minutes were
As I have made aware in the attached documents, we did file bankruptcy in 2013. We did, by
There is a principal curtailment in the amount of $500.00 posted in July. The borrower is requesting the funds to be reversed and refunded. Send an email over to Investor Accounting to seek approval of the transaction request. Once approval is received, submit the request to Payment Processing. If the request cannot be approved, draft a response to the borrower advising of the circumstances.
Debt Collect Recover LLC. is in danger. The lack of effective communication, particularly as it ties into the desire to expand the company, is an ongoing problem. As a company DCR is getting nickeled and dimed in every aspect of the communication process. From lengthy commutes for
In the United States, if someone incurs more debt than they are able to recover from, for example a small business failure, then thy can file bankruptcy. According to this ancient code, “If any one owe a debt for a loan, and a storm prostrates the grain, or the harvest fail, or the grain does not grow for lack of water; in that year he need not give his creditor any grain, he washes his debt-tablet in water and pays no rent for this year.” , (King 2008). Basically, exceptional financial debt circumstances were considered forgivable just like in today’s
This is a receipt for Alethea Fears in the amount $250.00 that was given on _____________ for a deposit on the facility at 2800 Campbelton Road for the event on August 01, 2015. However, the agreement of the $250.00 was not discussed, as it relate to repayment. Furthermore, after discussed with Alethea Fears a week prior to the event. Ms Fears, stated that she would like to use the $250.00 toward previous and future monthly dues. The records show last payment received from Ms. Fear May 20, 2015 for $50.00 that paid for February and March 2015, remaining balance of four months including August 2015 is $125.00, the credit brought forward of $125.00 will pay September thru January 2016 as of current monthly dues amount of $25.00. The monthly
This loan should not have been approved by a level 2 lender. Paul Stephan is signed on 7 loans with Utah First for a total loan amount of $253,949.00, between his 2 business accounts and his 2 son’s auto loans as co-maker. A level 2 lender should not approve if the member owes more than 100K to UFCU.
Over the years, the process of declaring bankruptcy has become incredibly simple. Because of this change, the number of people declaring bankruptcy is at an all time high. Today, bankruptcy is a common thing among companies and individuals alike. The American bankruptcy law allows people to avoid paying their debts by offering the debtors a discharge without a harsh consequence. By not having repercussions for their actions, bankruptcy filers often plan future bankruptcies, allowing them to steal even more money from creditors with no punishment. There are 13 different chapters in the bankruptcy system with the principal chapters being 7,11, and 13. You can only file for bankruptcy under these three chapters, the others are there to