Request for Injunctive Relief Denied as Premature ‘Creditor’s Bill’
In Anesthesia Associates, Judge Salinger rejected the plaintiff’s motion for a preliminary injunction because, in essence, the motion constituted a premature creditor’s bill.
...And therein laid the problem. “Since Plaintiffs are not yet judgment creditors of [the defendant], the Court may not exercise its general equity jurisdiction to temporarily grant injunctive relief in the nature of creditors’ ...
- Neb. Rev. Stat. § 81-2405 - Incorrect bill; notice to creditor; corrected bill; payment
- T.C.A. § 30-1-303 - Bill filed by creditor - Parties
... that come from corporate stock, ANNUITY checks, growing crops, and money owed to the debtor from another person can all be subjected to creditors' suits. A creditor's bill cannot, however, be used to obtain a liquor license, property in another state, or future unearned wages or salary. ...
527 U.S. 308 (1999), 98-231, Grupo Mexicano De Desarrollo, S.A. v. Alliance Bond Fund, Inc.
..., or already insolvent, that it was preferring its Mexican creditors by its planned allocation to them of its most valuable assets, and that ... to the relief obtained in the equitable action known as a "creditor's bill." This remedy was used (among other purposes) to permit a judgment ...
Holcomb v. Freedman Anselmo Lindberg, LLC, 082118 FED7, 17-2532
Holcomb did not pay her credit-card bill. The creditor hired the Freedman law firm, which sued Holcomb on the creditor’s behalf in state court. Holcomb initially appeared pro se but later retained Attorney Finko. When Freedman moved for default judgment, Finko had not yet filed a written appearance. Freedman served the motion on both Holcomb and Finko. Holcomb alleges that Freedman violated the...
... Betty Holcomb ran up a credit-card bill and did not pay, the. creditor hired the law firm of Freedman ...
104 U.S. 54 (1881), Central Nat. Bank v. Connecticut Mut. Life Ins. Co.
.... On July 18, 1874, the insurance company filed a bill in equity in the Circuit Court of Baltimore City against the bank to ..., as between the trustee and his executors, and the general creditors after his death on one hand, and the trust on the other.' He added (p. ...
- 31 C.F.R. § 285.5 - Centralized offset of Federal payments to collect nontax debts owed to the United States
41 U.S. 1 (1842), Swift v. Tyson
... New York. This action was instituted in the circuit court, upon a bill of exchange, dated at Portland, in the state of Maine, on the first day of ...
933 F.2d 131 (2nd Cir. 1991), 526, Wm. Passalacqua Builders, Inc. v. Resnick Developers South, Inc.
... was the development of the equitable procedure known as a "creditor's bill." When fully formed, the creditor's bill had two parts. The first part was ... creditor with an unsatisfied judgment, usually on behalf of all creditors, against the corporate debtor," the purpose of which was to adjudge the ...
146 U.S. 657 (1892), 33, Huntington v. Attrill
... Syllabus. A bill in equity in one state to set aside a conveyance of property made in fraud of creditors, and to charge it with the payment of a judgment since recovered by the ...
- 31 C.F.R. § 285.7 - Salary offset
527 U.S. 706 (1999), 98-436, Alden v. Maine
... to govern in accordance with their citizens' will, for judgment creditors compete with other important needs and worthwhile ends for access to the ... by the Tenth Amendment, which, like the other provisions of the Bill of Rights, was enacted to allay lingering concerns about the extent of. . ...
293 U.S. 328 (1934), 68, Davis v. Aetna Acceptance Co.
... of it without the lender's consent in writing, and, finally, a bill of sale, absolute in form. Held:. That ... discharge after duly listing the respondent in his schedule of creditors. . The filing of that petition was followed by this action for ...
Wisconsin Passes New Mortgage Payoff Requirements
The Wisconsin State Assembly recently passed a bill amending the current law regarding mortgage payoff statements. Under the new law, a secured creditor now has options to qualify a payoff amount, provided that the interest being secured is not in residential real property.
. The Wisconsin State Assembly recently passed a bill amending the current law regarding mortgage payoff statements. Under the ...
407 U.S. 1 (1972), 71-322, The Bremen v. Zapata Off-Shore Co.
.... . . The proceeding partakes in a way of the features of a bill to enjoin a multiplicity of suits, a bill in the nature of an ...
462 U.S. 611 (1983), 81-984, First Nat. City Bank v. Banco Para El Comercio Exterior De Cuba
... "The bill is not intended to affect the substantive law of liability. Nor is it ...18, 24 (C.A.). . 17 See Posner, The Rights of Creditors of Affiliated Corporations, 43 U.Chi.L.Rev. 499, 516-517 (1976) ...
Proper client intake and credit cards can boost your profitability.
...After years of study and countless billable hours (literally), John found himself unable to get ahead financially. His ...
457 U.S. 922 (1982), 80-1730, Lugar v. Edmondson Oil Co., Inc.
... of or might dispose of his property in order to defeat his creditors; acting upon that petition, a Clerk of the state court issued a writ of ... statement of this was that of Senator Edmunds, the manager of the bill in the Senate: "[Section 1 is] so very simple, and really reenact[s] the ...
438 U.S. 478 (1978), 76-709, Butz v. Economou
...Examining and, if necessary, suspending payments to creditors were among the Postmaster's normal duties, and it appeared that he had ...Further, the rights at stake in a suit brought directly under the Bill of Rights are no less worthy of full protection than the constitutional ...
276 U.S. 36 (1928), 117, Harkin v. Brundage
... and constructive possession of property by the filing of a bill is entitled to retain it without interference, and cannot be deprived of ...To this end, during the continuance, a collusive creditors' suit was begun against the corporation by a nonresident, a receiver was ...
453 U.S. 654 (1981), 80-2078, Dames & Moore v. Regan
... Id. at 24-25. One billion dollars of these assets will be deposited in a security account in the ...
492 U.S. 33 (1989), 87-1716, Granfinanciera, S.A. v. Nordberg
... corporation to augment the bankruptcy estate than they do creditors' claims to a pro rata share of the bankruptcy res. This analysis is ... jurisdiction, a court of the United States will not sustain a bill in equity to obtain only a decree for the payment of money by way of . ...