"Secured creditor" Essays and Research Papers

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    asking the court to discharge their debt. The basic idea in Chapter 7 bankruptcy is to wipe out one ’s debt. It does not involve the filing of a plan of repayment. There is no property which is non exempt that one can sell to pay creditors; all unsecured creditors are paid nothing. On October 17‚ 2005‚ the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 make it difficult for one to file Chapter 7 Bankruptcy. One may not file bankruptcy

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    1 Terms Implied by Statute Implied terms are cumulative. So‚ the terms implied by the Sale of Goods Act 1979 apply concurrently with the terms implied by any other Act which implies terms into contracts. Some of the most commonly implied terms from the application of the arise by virtue of the Supply of Goods and Services Act 1982 and the Sale of Goods Act 1979. Contracts for the Sale and Supply of Goods In a contract of sale of goods‚ terms of implied that the seller has the right to sell

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    Business Law: Final Exam

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    BUSINESS LAW FINAL * Article 2 governs sales of goods- True * Delivering of a title- Sale * A warehouse receipt is a document that provides proof of ownership of commodities that are stored in a warehouse * Shipment contract- the seller is required or authorized to ship goods by carrier‚ such as a trucking company. The title passes to the buyer at the time and place of shipment * The risk of loss in a shipment contract passes to the buyer or lessee when the goods are delivered

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    can be an excessive reason for apprehension for the creditors of the company‚ as it is generally a suggestion of the end of any company. At this point the debtor company which is Dick Smith Holdings PVT Ltd is most probable in serious financial trouble so the company should know the main differences between liquidations‚ administrations and also receiverships. And the most important part is how these situations can mainly affect the creditors of the subject company. Receiverships The fundamental

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    Security Laws in India

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    Advisor (Legal) Indian Banks’ Association Terms of Reference for the Working Group were: 1. To review the various methods of creation of security interest presently available under different statutes and the rights of secured creditors vis-a’vis other creditors‚ both secured and unsecured‚ suggest measures‚ including legislative amendments‚ to create security interest without any defect. 2. To review the present registration requirements and publicity aspects relating to various types of security

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    additional financial considerations and administration‚ management and business standing. Sole trader to public company The business is too small to worry about going that big because you are not after millions of dollars. b) The Impact on your Creditors from your Choice of Legal Structure Bankruptcy and liability (limited/unlimited) Bankruptcy is a legal status of a person or organization that

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    Bulong

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    In April 2002 Preston Resources submitted a restructuring plan for the secured debt of its main subsidiary “Bulong Operations Pty. Ltd. (BOP)”. The debt mainly consisted of $185 million in senior secured notes‚ Working capital loans and hedging contracts owed to Barclays. To avoid a liquidation of BOP‚ the plan had to be approved by the Supreme Court of Western Australian‚ the majority of the noteholders and the Preston shareholders. The Bulong Nickel Project The Nickel and Cobalt Industries

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    Floating Charges

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    UNIVERSITY OF LAGOS SCHOOL OF POST GRADUATE STUDIES LLM PROGRAM SEMINAR PAPER IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE GRANT OF LLM DEGREE COURSE: SECURED CREDIT TRANSACTION TOPIC: FLOATING CHARGE AS A MEANS OF SECURITY IN CORPORATE FINANCE MEMBERS ODO Ifeoma Matric. No. 109061033 ARINOLA Abisola Ajoke Matric. No. 109061098 AWAJI Cecilia Matric No. 109061026 FALADE Olaronke Matric. No. 099061090

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    Marvel Entertainment Group

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    As Marvel was a highly leveraged company with a significant number of dissenters‚ bondholders and vulture investor including Carl Icahn would not easily agree on the restructuring plan. Under Chapter 11‚ reorganization plan will bind dissenting creditors and shareholders to arrive at an agreement easier. In fact‚ upon the filing of a Chapter 11‚ an “automatic stay” enabled Marvel to prevent Carl Icahn to commence an alternative restructuring plan consisting of a $350 million cash infusion through

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    a fixed rate. A debenture may be secured‚ or unsecured5. A debenture is defined by the Companies Act6 as including “a unit of a debenture stock‚ and bonds and any other securities of a company whether constituting a charge on the assets of the company or not”. Simply stated‚ a debenture holder is a person who has lent money to the company and is a secured debenture.7 A document‚ which purports to acknowledge a credit arrangement between a company and a creditor‚ is commonly referred to as a debenture

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