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Creditors Rules of Civil Procedure

Bennett Jones LLP

Show Me the Money! British Columbia’s Money Judgement Enforcement Act

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A legal system cannot adequately function without providing an effective mechanism for litigants to acquire their monetary judgements. The legislative methods employed in British Columbia to enforce money judgements have been...more

McGlinchey Stafford

Louisiana employers can be responsible for employees’ garnishments on behalf of creditor

McGlinchey Stafford on

Buried deep in the Louisiana Code of Civil Procedure is a little-known law which gives creditors the right to seek wage garnishments from a borrower’s employer if the borrower fails to satisfy a loan obligation....more

Freeman Law

Fraudulent Transfers Under Texas Law

Freeman Law on

Texas law prohibits a debtor who is subject to a valid judgment from moving assets out of reach of creditors in order to hinder, delay, or defraud a judgment creditor. This legal restriction applies even if the transfer takes...more

Latham & Watkins LLP

What Is the Latest News on France’s Restructuring and Insolvency Law Reforms?

Latham & Watkins LLP on

The reforms, which are the result of the transposition of the EU’s Restructuring Directive, should come into force in October. Key Points: ..The introduction of new “accelerated safeguard” proceedings that satisfies...more

Obermayer Rebmann Maxwell & Hippel LLP

Big Changes to Small Business Bankruptcies: Timely Amendments to The Bankruptcy Code Throw A Lifeline to Small Businesses...

The Small Business Reorganization Act (“SBRA”), which became effective February 19, 2020 after being signed into law in August 2019, created a new Subchapter V of Chapter 11 of the Bankruptcy Code with a stated purpose “to...more

Ervin Cohen & Jessup LLP

In an operating receivership, do creditors need to be served with motions?

Question: In an operating receivership , do creditors need to be served motions? Answer: The answer is “no” if the receivership is in state court; the answer is “maybe” if the receivership is in federal court....more

Ward and Smith, P.A.

North Carolina Supreme Court Holds That Liberal Standard of Notice Pleading Applies to Judicial Foreclosure Actions

Ward and Smith, P.A. on

In an important decision for creditors, the North Carolina Supreme Court recently clarified the distinction between judicial foreclosure and non-judicial foreclosure by power of sale. In U.S. Bank v. Pinkney, the Supreme...more

Hinshaw & Culbertson LLP

Timing of judgment creditor's entitled fee petition key to enforcement

In Conservatorship of McQueen the California Supreme Court decided a unique issue concerning the interpretation of Code of Civil Procedure Section 685.040. Under that statute, a judgment creditor is entitled to the reasonable...more

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