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Special Report on

Equitable subordination Legal Definition

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571 F.3d 729; 2009 U.S. App. LEXIS 14414; Bankr. L. Rep. (CCH) P81,519; 61 Collier Bankr. Cas. 2d (MB) 1892; 51 Bankr. Ct. Dec. 223 February 13, 2009, Submitted July 2, 2009, Filed PRIOR HISTORY:    [*1]  Appeal from the United States Bankruptcy Appellate Panel for the Eighth Circuit. Kaler v. Bala (In re Racing Servs.), 386 B.R. 751, 2008 Bankr. LEXIS 1181 (B.A.P. 8th Cir., 2008) COUNSEL:   Kip M. Kaler, Chapter 7 Trustee, Appellant, Pro se, KALER DOELING LAW OFFICE, Fargo, ND. For Susan Bala, Appellee: Joseph A. Turman, Katrina A. Turman, DEMARS & TURMAN, Fargo, ND. JUDGES:   Before ...
as a security for a debt, usually a loan of money. While a mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower . The word is a Law French term meaning "dead pledge," apparently meaning that the pledge ends (dies) either when the obligation is fulfilled or the property is ...
Bankruptcy Litigation Blog: Recent Posted or Updated Bankruptcy ...
The following bankruptcy business-related scholarly papers, arranged by SSRN abstract ID number, can be downloaded from the Social Science Research Network website: *** Univ. of Chicago Law School's Douglas G. Baird, IMD International's Arturo Bris, and Yale School of Management's Ning Zhu, "The Dynamics of Large and Small Chapter 11 Cases: an Empirical Study" (Abstract ID:  866865 ) *** Vanderbilt Univ. School of Law's Robert K. Rasmussen, "Empirically Bankrupt" (Abstract ID:  895547 ) *** Harvard Law School's Elizabeth Warren and UT Austin's Jay Alan Westbrook, "The Dialogue between ... market research, surveys and trends
Legal systems in different countries, while having some concepts in common, employ different terminology. However, in general, a mortgage of property involves the following parties. Mortgage lender brno chair A mortgage lender is an investor that lends money secured by a mortgage on real estate. In today's world, most lenders sell the loans they write on the secondary mortgage market. When they sell the mortgage, they earn revenue called Service Release Premium. Typically, the purpose of the loan is for the borrower to purchase that same real estate. The borrower, known as the mortgagor, gives the mortgage to the lender, ... market research, surveys and trends


In re Yellowstone Mountain Club: Equitable Subordination to Police ...
Feb 6, 2010 ... responsive legal remedies available to an affected creditor. ... equitable subordination in Yellowstone differs from the traditional ... of approximately eighty-seven percent of Yellowstone Club ... agreed to loan $150 million to the Yellowstone Club.31 ..... see NUWIRE INVESTOR, Definition of First ... industry trends, business articles and survey research
Comments on s7-38-04
Jan 31, 2005 ... two broad areas: 1) the definition of well-known seasoned issuers; and, ... by non-affiliates or an entity that has issued $1 billion ... based on the following statistics: between 1997 and 2003 these issuers accounted for 23 percent ... enforceability/equitable subordination and other legal issues. ... industry trends, business articles and survey research
(Docket Nos. 33, 36 & 37). The Chapter 7 Trustee ("Trustee") commenced this adversary proceeding on February 17, 2009, against Georgia Department of Revenue ("GDOR") and United States of America ("U.S." or "IRS") (collectively, "Defendants"). [ 2 ] Trustee asserts six claims against Defendants. Count I alleges a willful violation of the automatic stay under 11 U.S.C. § 362(h)(1). [ 3 ] (Second Amended Complaint ("SAC") ¶¶ 19-23). Count II alleges that self-executing tax liens asserted against Debtor's estate are subordinated to outstanding ... market trends, news research and surveys resources
The matter now before the Court concerns whether the Debtors are entitled to a distribution of estate assets. This circumstances giving rise to this issue are as follows: On January 5, 2009, the Debtors, John and Candace Sarnovsky, sought relief in this Court, filing a petition under the provisions of Chapter 7 of the United States Bankruptcy Code. (Doc. No. 1). In accordance with 11 U.S.C. § 701, a trustee was appointed to administer the Debtors' estate. Thereafter, pursuant to those duties prescribed by the Bankruptcy Code, the Trustee collected and reduced to money property of the Debtors' bankruptcy estate. 11 ... market trends, news research and surveys resources


Pardo argues that use of a no-fault standard of equitable subordination by a bank- ... legal and equitable considerations when reviewing the relative status .... For the statutory definition of “insider,” see 11 U.S.C. § 101(31); ... technology research, surveys study and trend statistics
Hoffinger, Allegations of fraud on the court and the possibility ...
definition of cause of action or claim. This requires that the issues before each .... discussing equitable subordination, the United States Supreme Court ... technology research, surveys study and trend statistics
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WikiAnswers - What is the Ultra vires Doctrine
describes acts attempted by a corporation that are beyond the scope of powers granted by the corporation's Articles of Incorporation or in a clause in its Bylaws; in the laws authorizing its formation, or similar founding documents. Acts attempted by a corporation that are beyond the scope of its charter are void or voidable. Basic principles included the following: 1. An ultra vires transaction cannot be ratified by all the shareholders, even if they wish it to be ratified. 2. The doctrine of estoppel usually precluded reliance on the defense of ultra vires where the transaction was fully performed by one party 3. A ...