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Insolvent person (whether natural or a business entity), upon application to the court OR creditors of a business entity, upon showing of cause to the court Company, its directors, or a holder of a floating charge (either unilaterally or on application to the court), or any other creditor (on application to the court) The directors of a company
An unsecured creditor does not have a charge over the debtor's assets. [2] The term creditor is frequently used in the financial world, especially in reference to short-term loans, long-term bonds, and mortgage loans. In law, a person who has a money judgment entered in their favor by a court is called a judgment creditor.
A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this debt arrangement is a bank, the debtor is more often referred to as a borrower.
In a creditor's voluntary winding-up, he must report to the creditor's meeting on the exercise of his powers. [ 7 ] The liquidator is generally obliged to make returns and accounts, [ 8 ] owes fiduciary duties to the company and should investigate the causes of the company's failure and the conduct of its managers, in the wider public interest ...
A “debtor,” for the purposes of the Act, is “a person or a partnership, or the estate of a person or partnership, which is a debtor in the usual sense of the word, except a body corporate or a company or other association of persons which may be placed in liquidation under the law relating to companies.”
John Duval, Flickr By John A. Byrne MBAs are taking on more and more student debt, so much so that graduates of at least six business schools last year borrowed more than $100,000 on average to ...
So much so that we can now say that, when a creditor and a debtor enter upon a course of negotiation, which leads the debtor to suppose that, on payment of the lesser sum, the creditor will not enforce payment of the balance, and on the faith thereof the debtor pays the lesser sum and the creditor accepts it as satisfaction: then the creditor ...
The debtor in possession runs the day-to-day operations of the business while creditors and the debtor work with the Bankruptcy Court in order to negotiate and complete a plan. Upon meeting certain requirements (e.g., fairness among creditors, priority of certain creditors) creditors are permitted to vote on the proposed plan. [ 57 ]