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877 results found for "creditors rights"
- PRETEXTUAL DE-ACCELERATION OF MORTGAGE DEBT
or the creditor’s servicer. Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to Further, the revocation notice “revives the borrower’s right to make the monthly payments that became order to effectively rescind the acceleration, should be required to notify the borrower that the right avoid the onerous effect of an approaching statute of limitations and to defeat the property owner’s right
- First Department Reverses, Inter Alia, Judgment of Foreclosure and Sale, Finding Questions of Fact As To Whether LLC Was Formed Solely To Avoid Usury Laws
refusal to enforce a promissory note and the dismissal of the lender’s action to enforce the note in light ” precluding summary judgment.); Blue Wolf , 105 A.D.3d at 183 (“If an instrument provides that the creditor However, due to, inter alia , poor credit ratings, banks denied their loan applications.
- MIND THE GAP – RENEWAL JUDGMENTS UNDER CPLR § 5014
The CPLR, however, permits a judgment creditor to obtain a “renewal judgment,” which would operate to italicized language above was added by the Legislature), CPLR § 5014 “was understood to preclude judgment creditors Hoppe , 65 Misc.2d 1000, 319 N.Y.S.2d 564 <1971> ), allowing other judgment creditors to ‘slip in with preclude any possibility of even a brief lien gap, under all circumstances, or to protect the judgment creditor treatment is inappropriate where, as here, additional lenders relying on the public record acquired rights
- A Turnover Proceeding With Disputes Over A Forum Selection Clause and The Application of the Internal Affairs Doctrine
Defendant argued that under Wyoming law, membership interests cannot be turned over to a judgment creditor Instead, the sole remedy for a judgment creditor is a charging order that requires the LLC “to pay over relationships between a company and its directors and shareholders.” 24 It “does not apply where the rights Finally, noted the Court, “ o the extent Limited Liability Company Law § 607(a) permits a judgment creditor to obtain a charging lien against a member’s interest, it does not say that this is the creditor’s exclusive
- Court Sustains Claim That Defendants Breached the Terms of A Broad Release
When a person releases another from claims or the threat of claims, he/she is giving up the right to Following the Apollo Transaction, RCAP went bankrupt, and the creditor trust brought a claim in Delaware The Motion Court rejected defendants’ contention that plaintiffs waived their rights under the Release Finally, the Court found that the creditor trust did not in any way change its position or discontinue
- Veil Piercing Rejected By Second Department in Judgment Enforcement Action
pay salaries, on the ground that those transfers were fraudulent conveyances pursuant to Debtor and Creditor
- Intervention Permitted Where Questions of Law and Fact are Shared with A Party in A Pending Litigation
CPLR §1012 (a)(3) provides that a nonparty may intervene as of right “when the action involves the disposition whether the intervention will unduly delay the determination of the action or prejudice the substantial rights New Upreal engaged in misconduct including, using the bond proceeds to prefer certain investors and creditors over the interests of New Upreal’s other creditors and diverting assets that should have been repaid action, allowing Gissin to intervene in the action will not delay the action or prejudice a substantial right
- THE FIRST DEPARTMENT REJECTS TRUMP CORPORATION’S “AGENT FOR A DISCLOSED PRINCIPAL” ARGUMENT IN LIGHT OF RACIAL DISCRIMINATION CLAIMS MADE BY AFRICAN AMERICAN PHYSICIAN ATTEMPTING TO LEASE MEDICAL O...
Corp. for, inter alia , “race-based discrimination in violation of the New York City and State Human rights
- The Appellate Division, Second Department Holds That A Foreclosing Mortgagee Waived Its Right To Argue That Mortgagor Waived Its Standing Defense
See “ The Second Department Determines That A Line Of Credit Agreement Is Not A Negotiable Instrument
- Trivial Breaches and Form Over Substance
If it chooses the latter course, it loses its right to terminate the contract because of the default. motion court “improperly awarded damages based on the total funds that were disbursed to under the credit actually drawn down by ($233 million) as opposed to the total amount that had been committed under the Credit proffered interpretation — excluding from the Fee the loan proceeds that had been directed to third party creditors
- What Rights Do I Have As A Shareholder In A Private Company?
people understand this very basic concept in business matters , they may not realize what kinds of rights Shareholders in private companies generally have the same rights as they would in a public company, but Your Rights in a Publicly Traded Company Your rights will be affected based on whether you own stock Shareholders in private companies have three major rights: Access to information Voting rights Rights Asserting Your Rights as a Shareholder In some situations, your shareholder rights may be disregarded
- Second Department Decides an Issue of “First Appellate Impression” Related to the Sufficiency of an RPAPL 1304 Notice in a Residential Mortgage Foreclosure Action
that homeowner to be informed of the duration and dollar amount of a mortgage-related default, and the creditor Explaining its decision, the Court stated: The language of RPAPL 1304 necessarily requires the creditor amount that it believes due at that snapshot in time, and advise the homeowner of that sum and of other rights
