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[SECURED TRANSACTION ]_09_In Re Ebbler Furniture and Appliances, Inc. 2022.03.23해당카페글 미리보기
Ⅲ. Rule 11 U.S.C. § 547(c)(5) prevents a secured creditor from improving its position at the expense of an unsecured creditor during the 90 days prior to filing the bankruptcy petition. (c) The trustee may not avoid under this section...
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[SECURED TRANSACTION ]_08_Barash v. Public Finance Corp. 2022.03.23해당카페글 미리보기
s interest in such property, or to the extent of the amount subject to setoff, as the case may be, and is an unsecured claim to the extent that the value of such creditor’s interest or the amount so subject to setoff is less than the...
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[SECURED TRANSACTION ]_07_In Re Miller 2022.03.14해당카페글 미리보기
depreciation amount of $157.63 totals $1,418.67. Also, it is basically this amount that MS characterizes as "unsecured" under their Chapter 13 Plan. 11 U.S.C., Section 362(d) provides: (d) On request of a party in interest and after...
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[SECURED TRANSACTION ]_06_Pearson v. Salina Coffee House, Inc. 2022.03.14해당카페글 미리보기
to avoid any unperfected liens on property belonging to the bankruptcy estate. Under this provision, S will be an unsecured creditor in B's bankruptcy unless its security interest in the debtor's furnishings and equipment was properly...
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(SECURED TRANSACTION) EBBLER FURNITURE v ALTON BANKING 2022.03.07해당카페글 미리보기
L.Ed.2d 78 (1969). Section 547(c)(5) prevents a secured creditor from improving its position at the expense of an unsecured creditor during the 90 days prior to filing the bankruptcy petition. Apply: The first step in applying section...
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( SECURED TRANSACTION) Barash v. Public Finance Corp. 2022.03.07해당카페글 미리보기
11 U.S.C. § 506(a)[5] separates undersecured creditors' claims into two parts: a secured component and an unsecured component. A creditor has a secured claim only to the extent of the value of his collateral. Any remaining balance is...
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(Secured Transaction) Pearson v. Salina Coffee House, Inc. 2022.03.01해당카페글 미리보기
the equities of this case, stating that it would be "extremely harsh" and "onerous" to hold that SCH's interest is unsecured. While the fact that no other creditor was actually misled in this case makes the result seem harsh, we are...
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청정한 바람 (한영) 2022.01.20해당카페글 미리보기
The Purified Wind By the material wind spread all over the world The earth has been in a severe sickness. The unsecured blood pressure of it by the El Nino symptom Causes and brings killing heat, cold wave, critical droughts and typhoons...
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[Secured Transactions] 9. In re Ebbler and Appliances v. Alton Banking 2021.10.27해당카페글 미리보기
caused a reduction, as of the date of the filing of the petition and to the prejudice of other creditors holding unsecured claims, of any amount by which the debt secured by such security interest exceeded the value of all security...
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[Secured Transactions] 8. Barash v. Public Finance Corp 2021.10.27해당카페글 미리보기
terms; In Re McCormick, 5 B.R. 726 (Bkrtcy. N.D. Ohio 1980) Loan of $6,500 = secured by an automobile at $3,000 < unsecured $3,500 In the absence of proof to the contrary, that the payments were credited toward the unsecured portion of...