Search Results
877 results found for "creditors rights"
- Plaintiff Fails to Provide Evidence of Fraudulent Intent in Bid to Obtain Prejudgment Order of Attachment
with process despite diligent efforts to do so (CPLR § 6201(2)); the defendant with intent to defraud creditors or frustrate enforcement of a judgment that might be rendered in the plaintiff’s favor, has assigned property in one or more of several enumerated ways, and has acted or will act with the intent to defraud creditors or to frustrate the enforcement of a judgment that might be rendered in favor of the plaintiff’.” 132, 134 (1st Dept. 1988)) or past and present conduct, including the defendant’s history of paying creditors
- Update: First Department Affirms Dismissal of Fraud Claim in Unique Goals International, Ltd. v. Finskiy
representation that there existed an imminent prospect of the seizure of White Tiger’s assets by a major creditor , which creditor, Finskiy claimed, “had withheld funding to create an exigency.” ” was only four years, which was insufficient to generate enough ore to pay off White Tiger’s major creditor
- In an Apparent Case of First Impression, First Department Holds That a Board of Directors Cannot Be Sued as a Collective Entity
… corporate actions shall be jointly and severally liable to the corporation for the benefit of its creditors
- Manifest Disregard of the Law and the Arbitrability of Class Claims
to hear evidence pertinent and material to the controversy, or of any other misbehavior by which the rights arguments) comes from the parties’ briefing on appeal.> Scientific Games concerned the lease by plaintiffs Light Supreme Court has never established “a bright line rule that class arbitration is allowed only under whether the arbitrator (even arguably) interpreted the parties' contract, not whether he got its meaning right Official Unsecured Creditors’ Comm. of Bayou Grp. , 758 F. Supp. 2d 222, 225 (S.D.N.Y. 2010).
- FIRST DEPARTMENT HOLDS THAT LISTING A MORTGAGE DEBT ON A BANKRUPTCY SCHEDULE IS NOT AN ACKNOWLEDGMENT SUFFICIENT TO RESTART AN OTHERWISE EXPIRED STATUTE OF LIMITATIONS UNDER GOL 17-101 OR 17-105(1)
plead the time that has expired, or a promise to pay the mortgage debt, if made after the accrual of a right Had he done so, his creditor (i.e. the ) and the bankruptcy court would have had to undertake the highly the Bankruptcy Code, by means of a court-approved reaffirmation agreement between the debtor and the creditor
- SEC Hands Credit Karma Some Instant Karma
San Francisco-based Credit Karma, Inc. ("Credit Karma" or the "Company"), the rapidly growing financial services tech company, has been penalized 20 million new members,” Credit Karma stated in comments emailed to news organizations. According to Credit Karma, the violations have ceased. The Credit Karma action teaches the importance of Rule 701 compliance.
- The New York Court Of Appeals Decides Four Cases, In One Opinion, Addressing And Clarifying Issues Related To The Timeliness Of The Commencement Of Mortgage Foreclosure Actions
or the creditor’s servicer. Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to The timeliness of a foreclosure action requires “an understanding of the parties' respective rights and Historically: residential mortgage contracts have typically provided noteholders the right to accelerate It is plain from this language that whether to exercise this contractual right is a matter within the
- Partnership Breakups
partnership to major decisions that would stop the ordinary business, such as assigning all property for creditors
- Absence of Shareholder Standing Negates Right to Recover Attorney’s Fees for Derivative Settlement
A shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to procure a The stockholder brings the action, in behalf of others similarly situated, to vindicate the corporate rights and a judgment on the merits is a binding adjudication of these rights. , 258 N.Y. 257, 264 (1932) ( If a plaintiff voluntarily sells his/her shares during the pendency of a derivative action, his/her rights the corporation’s rights and obtain a judgment on its behalf.
- Failure to Demonstrate Mailing of Invoice Dooms Account Stated Claim
account stated is predicated upon a transaction between the parties such that it creates a debtor and creditor On September 6, 2018, plaintiff assigned all of its rights, title and interest in the matter to Hess
- Fourth Department Applies the Common-Law “Partial Payment Exception”, which Starts the Statute of Limitations on a Mortgage Foreclosure Action to Run Anew
Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to payment toward a mortgage debt may renew the statute of limitations in a foreclosure action if the creditor argument Lender averred that borrower “made payments, in varying amounts, on fourteen occasions over an eight-year
- Credit Suisse Hit with Two Class Action Lawsuits
Recently, Credit Suisse (the "Bank"), the multinational financial services holding company based in Switzerland The Complaint alleges that, throughout the Class Period, Credit Suisse and certain of its officers (" protocols and rendered the Bank highly susceptible to losses when credit markets contracted.” Credit Suisse said in a recent statement that “the claim is unfounded and without merit.” All regulatory reviews were closed without any action against Credit Suisse,” the Bank said.
