Included in the many changes that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) made to the Bankruptcy Code is a provision that affects the ability of a tenant to use a federal bankruptcy filing to delay or prevent a state law eviction action. Although there are many reasons why a landlord might want to evict a tenant, the majority of eviction actions are based on the tenant's alleged failure to pay rent. It is possible that, whether by Congressional intent or faulty drafting, the eviction exception fails to provide complete relief from the automatic stay and will be interpreted by the courts to be meaningless. If they do have any effect, the provisions of BAPCPA that relate to evictions are reasonably fair and balanced and do not go to either extreme in p...
In July 2008, bankruptcy courts across the US prepared themselves for a busy season. As many as 5,664 companies sought to liquidate or restructure that month alone, a 57% increase from the prior year. This Note looks behind the shield of D&O insurance and examines its treatment under the Bankruptcy Code. Part I provides an overview of the duties of directors and officers of a corporation, as well as the protections they receive under the business judgment rule and indemnification contracts. Part II explains the three different "sides" of D&O insurance policies. Part III discusses basic bankruptcy concepts including directors' and officers' duties in bankruptcy, automatic stay, and property of the estate provisions of the Code, as well as the treatment of contracts in bankruptcy....
A creditor who filed an ex parte motion for protection under a state domestic abuse statute against a debtor did not violate the automatic stay, the 8th Circuit BAP has ruled in affirming dismissal. The debtor owed rent to his landlord, who lived in the same house. After the debtor filed for Chapter 7, he claimed that he told the landlord's girlfriend, who also lived in the home, about his filing.
ver las páginas en versión mobile | web
ver las páginas en versión mobile | web
© Copyright 2012, vLex. All Rights Reserved.
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
Other interesting searches:
abuse of discretion de novo | Healthspring of Tennessee, Inc | community workers activities | Proslide Technology Inc | William Hyde | estructura administracion justicia | maltrattamenti familiari | formación permanente del maestro | Documentación marítima | alignements carnac
