John J. Pankauski is a partner with Pankauski Hauser PLLC in West Palm Beach, Florida. Mr. Pankauski has spent over 20 years of his career handling matters involving wills, trusts, estates, probates, and guardianships. His practice is limited to disputes, trials and appeals of such matters. He is AV Preeminent rated by Martindale Hubel.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
We have two very simple procedures for buyers as listed below :
1) buyer request a trial delivery of 50-500kg shipment the buyer will have to obtain a cemac buyers permit from our government to have us ship the gold via the legal procedure to his destination and payments after final assay.
And
2) Buyer makes a much higher demand as spot shipment 5000-50 000kg and gives us a bank guarantee such as an. SBLC or escrow deposit before shipping to buyers end and payment release to seller via TT mt760
CONTACT US; CAMEROON
info.cam@rascamsarl.com
Phone: +237 673 745 942
WhatsApp: +237 673 745 942
33212 Avenue de lindependance,
Place AN 2000, Boulevard Grand Hangard,
Tole, Cameroon
When you're seeking Chapter 13 bankruptcy information, it makes sense to turn to experts. Larry P. Smith & Associates can provide expert assistance with Chapter 13 bankruptcy, or with any type of bankruptcy information.
Everything You Always Wanted To Know About Grantor (And Other Irrevocable) Tr...Bruce Givner
What is an irrevocable trust? How can it be flexible? How can the parents maintain a level of control? What makes an irrevocable trust a "grantor" trust and, therefore, disregarded for income tax purposes? What are the advantages of a grantor trust for asset protection planning and estate tax planning purposes? What are the disadvantages? How can you eliminate the disadvantages through the use of a "toggle" (or flip) switch? What are the tax return and EIN requirements for a grantor trust? What happens when the owner dies? When there is an outstanding installment note, does the owner's death trigger gain? Can a trust be treated as owned by someone other than the grantor? Do grantor trusts still make sense now that the estate tax rates are 40% and the income tax rates, in states like California, are even higher? Are grantor trusts here to stay?
Chapter 7 bankruptcy is more commonly used by individuals who have only basic property, with little or no money beyond what's needed for monthly essentials. It is essentially the "clean slate" bankruptcy that allows a consumer to wipe clean the past and start over.
A Chapter 11 plan, if you believe what law schools teach and what most written literature states, is the ultimate goal of every Chapter 11 case. While this is not necessarily true anymore, as many Chapter 11 cases achieve important results without a plan ever being confirmed (or even being proposed), confirming a Chapter 11 plan (whether a plan of reorganization or a plan of liquidation) does remain a goal that nearly every Chapter 11 debtor (and many other parties in interest in a case) wants to achieve it possible under the circumstances.
Understanding the nuts and bolts of a Chapter 11 plan is essential to understanding Chapter 11 as a whole. Concepts that permeate any Chapter 11 bankruptcy case (to name just a few: the Bankruptcy Code’s priority scheme, proofs of claim, the concepts of claim allowance and claim reconciliation) are cannot be fully understood without reference to the crucible that is a Chapter 11 plan. This webinar takes the audience through the basic elements of a Chapter 11 plan, how a plan proponent (usually but not always the debtor) seeks to confirm a plan, and how objectors can try to defeat confirmation.
The Nuts & Bolts of a Chapter 11 Plan (Series: Chapter 11 Potpourri)Financial Poise
A Chapter 11 plan, if you believe what law schools teach and what most written literature states, is the ultimate goal of every Chapter 11 case. While this is not necessarily true anymore, as many Chapter 11 cases achieve important results without a plan ever being confirmed (or even being proposed), confirming a Chapter 11 plan (whether a plan of reorganization or a plan of liquidation) does remain a goal that nearly every Chapter 11 debtor (and many other parties in interest in a case) wants to achieve it possible under the circumstances.
Understanding the nuts and bolts of a Chapter 11 plan is essential to understanding Chapter 11 as a whole. Concepts that permeate any Chapter 11 bankruptcy case (to name just a few: the Bankruptcy Code’s priority scheme, proofs of claim, the concepts of claim allowance and claim reconciliation) are cannot be fully understood without reference to the crucible that is a Chapter 11 plan. This webinar takes the audience through the basic elements of a Chapter 11 plan, how a plan proponent (usually but not always the debtor) seeks to confirm a plan, and how objectors can try to defeat confirmation.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/the-nuts-bolts-of-a-chapter-11-plan-2021/
John J. Pankauski is a partner with Pankauski Hauser PLLC in West Palm Beach, Florida. Mr. Pankauski has spent over 20 years of his career handling matters involving wills, trusts, estates, probates, and guardianships. His practice is limited to disputes, trials and appeals of such matters. He is AV Preeminent rated by Martindale Hubel.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
We have two very simple procedures for buyers as listed below :
1) buyer request a trial delivery of 50-500kg shipment the buyer will have to obtain a cemac buyers permit from our government to have us ship the gold via the legal procedure to his destination and payments after final assay.
And
2) Buyer makes a much higher demand as spot shipment 5000-50 000kg and gives us a bank guarantee such as an. SBLC or escrow deposit before shipping to buyers end and payment release to seller via TT mt760
CONTACT US; CAMEROON
info.cam@rascamsarl.com
Phone: +237 673 745 942
WhatsApp: +237 673 745 942
33212 Avenue de lindependance,
Place AN 2000, Boulevard Grand Hangard,
Tole, Cameroon
When you're seeking Chapter 13 bankruptcy information, it makes sense to turn to experts. Larry P. Smith & Associates can provide expert assistance with Chapter 13 bankruptcy, or with any type of bankruptcy information.
Everything You Always Wanted To Know About Grantor (And Other Irrevocable) Tr...Bruce Givner
What is an irrevocable trust? How can it be flexible? How can the parents maintain a level of control? What makes an irrevocable trust a "grantor" trust and, therefore, disregarded for income tax purposes? What are the advantages of a grantor trust for asset protection planning and estate tax planning purposes? What are the disadvantages? How can you eliminate the disadvantages through the use of a "toggle" (or flip) switch? What are the tax return and EIN requirements for a grantor trust? What happens when the owner dies? When there is an outstanding installment note, does the owner's death trigger gain? Can a trust be treated as owned by someone other than the grantor? Do grantor trusts still make sense now that the estate tax rates are 40% and the income tax rates, in states like California, are even higher? Are grantor trusts here to stay?
Chapter 7 bankruptcy is more commonly used by individuals who have only basic property, with little or no money beyond what's needed for monthly essentials. It is essentially the "clean slate" bankruptcy that allows a consumer to wipe clean the past and start over.
A Chapter 11 plan, if you believe what law schools teach and what most written literature states, is the ultimate goal of every Chapter 11 case. While this is not necessarily true anymore, as many Chapter 11 cases achieve important results without a plan ever being confirmed (or even being proposed), confirming a Chapter 11 plan (whether a plan of reorganization or a plan of liquidation) does remain a goal that nearly every Chapter 11 debtor (and many other parties in interest in a case) wants to achieve it possible under the circumstances.
Understanding the nuts and bolts of a Chapter 11 plan is essential to understanding Chapter 11 as a whole. Concepts that permeate any Chapter 11 bankruptcy case (to name just a few: the Bankruptcy Code’s priority scheme, proofs of claim, the concepts of claim allowance and claim reconciliation) are cannot be fully understood without reference to the crucible that is a Chapter 11 plan. This webinar takes the audience through the basic elements of a Chapter 11 plan, how a plan proponent (usually but not always the debtor) seeks to confirm a plan, and how objectors can try to defeat confirmation.
The Nuts & Bolts of a Chapter 11 Plan (Series: Chapter 11 Potpourri)Financial Poise
A Chapter 11 plan, if you believe what law schools teach and what most written literature states, is the ultimate goal of every Chapter 11 case. While this is not necessarily true anymore, as many Chapter 11 cases achieve important results without a plan ever being confirmed (or even being proposed), confirming a Chapter 11 plan (whether a plan of reorganization or a plan of liquidation) does remain a goal that nearly every Chapter 11 debtor (and many other parties in interest in a case) wants to achieve it possible under the circumstances.
Understanding the nuts and bolts of a Chapter 11 plan is essential to understanding Chapter 11 as a whole. Concepts that permeate any Chapter 11 bankruptcy case (to name just a few: the Bankruptcy Code’s priority scheme, proofs of claim, the concepts of claim allowance and claim reconciliation) are cannot be fully understood without reference to the crucible that is a Chapter 11 plan. This webinar takes the audience through the basic elements of a Chapter 11 plan, how a plan proponent (usually but not always the debtor) seeks to confirm a plan, and how objectors can try to defeat confirmation.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/the-nuts-bolts-of-a-chapter-11-plan-2021/
The Uniform Commercial Code (“UCC”) is a uniform act that was established to harmonize the laws of sales and commercial transactions. It has been substantially adopted in all 50 states and the District of Columbia. The UCC is divided into 11 Articles with each one addressing a different area of commercial law. Article 9 governs security interests in personal property and contains detailed rules regarding the creation, attachment, and perfection of security interests; the relative priorities of competing security interests; and remedies available to a creditor upon a borrower's default. The navigation of the debtor-creditor relationship is at the heart of any bankruptcy proceeding. This webinar examines some of the key issues involving the interaction between a debtor and its secured creditors both before and after the filing of a bankruptcy, including the pre-bankruptcy perfection and priority of security interests, the post-bankruptcy protection of a secured creditor’s rights in a debtor’s collateral, and the options available for the parties to address and administer such collateral in the context of a bankruptcy proceeding.
Part of the webinar series: BANKRUPTCY INTERSECTIONS 2022
See more at https://www.financialpoise.com/webinars/
Business Law Basics: What Every Business Person Should KnowSalene Kraemer
The basics of Business Law. Concepts every business person should be aware of. Every other slide is a personal photo that I added to make this presentation more palatable. ENJOY
IWIRC Talks: An In-Depth Look at Social MediaSalene Kraemer
Powerpoint presentation that gives an in-depth overview of how to utilize different social media platforms. Presentation given during IWIRC Spring program (4/24/14)
Social Media Advice for the High School StudentSalene Kraemer
slides from presentation given at Weir High School to educate about how to use social media responsibly, by Salene Kraemer, Business lawyer, and Jim Davis, Hancock County prosecutor
The Liquidating Chapter 11 Power Point (10.16.09)Salene Kraemer
This is the powerpoint slide presentation I prepared for a panel that spoke 2 years ago at PBI conference in Pittsburgh. I personally could not make panel appearance due to death in family.
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
Know more: https://www.synapseindia.com/technology/mean-stack-development-company.html
Buy Verified PayPal Account | Buy Google 5 Star Reviewsusawebmarket
Buy Verified PayPal Account
Looking to buy verified PayPal accounts? Discover 7 expert tips for safely purchasing a verified PayPal account in 2024. Ensure security and reliability for your transactions.
PayPal Services Features-
🟢 Email Access
🟢 Bank Added
🟢 Card Verified
🟢 Full SSN Provided
🟢 Phone Number Access
🟢 Driving License Copy
🟢 Fasted Delivery
Client Satisfaction is Our First priority. Our services is very appropriate to buy. We assume that the first-rate way to purchase our offerings is to order on the website. If you have any worry in our cooperation usually You can order us on Skype or Telegram.
24/7 Hours Reply/Please Contact
usawebmarketEmail: support@usawebmarket.com
Skype: usawebmarket
Telegram: @usawebmarket
WhatsApp: +1(218) 203-5951
USA WEB MARKET is the Best Verified PayPal, Payoneer, Cash App, Skrill, Neteller, Stripe Account and SEO, SMM Service provider.100%Satisfection granted.100% replacement Granted.
LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
We will dig deeper into:
1. How to capture video testimonials that convert from your audience 🎥
2. How to leverage your testimonials to boost your sales 💲
3. How you can capture more CRM data to understand your audience better through video testimonials. 📊
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
1. Valuation Issues in Consumer Bankruptcy Cases Pennsylvania Bar Institute Salene Kraemer, Esquire, Mazur Kraemer Business Law Trustee Lisa Swope, Esquire, Neugebauer, Swope & Swope, P.C. Ron Roteman, Esquire, Stonecipher Law Firm Trustee Michael H. Kaliner Auctioneer Barry S. Slosberg , Barry S. Slosberg, Inc. 1 Pittsburgh- September 30, 2010 Philadelphia-October 28, 2010
2. Overview I. Introduction: Overview of Relevant Bankruptcy Code (10 min) II. Practical Perspectives from a Chapter 7 Trustee re: Key Valuation Concerns (15 min) III. Exemption & Negative Equity Issues (10 min) IV. Open Discussion (25 min) 2
3. I. INTRODUCTION Overview of Certain Bankruptcy Code Provisions In Which Valuation Becomes Relevant 3
4. Various Valuation Standards Bankruptcy Code § 527: Obligation of Attorney to Disclose Replacement Value of Assets after “Reasonable Inquiry” Bankruptcy Code § 522(a)(2): Use of Bankruptcy Exemptions Bankruptcy Code § 522(f): Avoiding Judicial Liens Bankruptcy Code § 506: Value of a Secured Creditor’s Collateral to Determine Extent of Secured vs.. Unsecured Claim and to Lienstrip Bankruptcy Code § 722: Debtor’s Redemption Rights Bankruptcy Code § 362(d): Value of a Secured Creditor’s Collateral to Determine Whether Such Creditor Can Obtain Relief From The Stay Bankruptcy Code § 547 and 548: Valuation and the Solvency of the Debtor in Preference and Fraudulent Transfer Actions Bankruptcy Code § 1325: Cram-Down in the Confirmation of A Chapter 13 Plan 4
5. A. Various Valuation Standards 1. Wholesale value of the property; 2. Liquidation value (or distressed value); 3. Retail value or replacement cost; 4. Expected return to the creditor from a disposal of the collateral in a commercially reasonable manner (fair market or going concern value); 5. Average of two or more of these values. Most courts are using as the "touchstone for valuation the standard of commercially reasonable disposition of the property by the lender." 5
6. B. Bankruptcy Code § 527: Obligation of Attorney to Disclose Replacement Value of Assets after “Reasonable Inquiry” 6
7. 11 U.S.C. § 527(a) A debt relief agency providing bankruptcy assistance to an assisted person shall provide— (2), and not later than 3 business days after the first date on which a debt relief agency first offers to provide any bankruptcy assistance services to an assisted person, a clear and conspicuous written notice advising assisted persons that— all information that the assisted person is required to provide with a petition and thereafter during a case under this title is required to be complete, accurate, and truthful; all assets and all liabilities are required to be completely and accurately disclosed in the documents filed to commence the case, and the replacement value of each asset as defined in section 506 must be stated in those documents where requested after reasonable inquiry to establish such value. (C) current monthly income, the amounts specified in section 707(b)(2), and, in a case under chapter 13 of this title, disposable income (determined in accordance with section 707(b)(2)), are required to be stated after reasonable inquiry; and (D) information that an assisted person provides during their case may be audited pursuant to this title, and that failure to provide such information may result in dismissal of the case under this title or other sanction, including a criminal sanction. 11. U.S.C. § 527(a). 7
8. 11. U.S.C. § 527(c) (c) Except to the extent the debt relief agency provides the required information itself after reasonably diligent inquiry of the assisted person or others so as to obtain such information reasonably accurately for inclusion on the petition, schedules or statement of financial affairs, a debt relief agency providing bankruptcy assistance to an assisted person, to the extent permitted by nonbankruptcy law, shall provide each assisted person at the time required for the notice required under subsection (a)(1) reasonably sufficient information (which shall be provided in a clear and conspicuous writing) to the assisted person on how to provide all the information the assisted person is required to provide under this title pursuant to section 521, including— how to value assets at replacement value, determine current monthly income, the amounts specified in section 707(b)(2) and, in a chapter 13 case, how to determine disposable income in accordance with section 707(b)(2) and related calculations; (2) how to complete the list of creditors, including how to determine what amount is owed and what address for the creditor should be shown; and (3) how to determine what property is exempt and how to value exempt property at replacement value as defined in section 506. 11. U.S.C. § 527(c ). 8
9. C. Bankruptcy Code § 522(a)(2): Use of Bankruptcy Exemptions (a)(2) “value” means fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate. (b)(1) Notwithstanding section 541 of this title, an individual debtor may exempt from property of the estate the property listed in either paragraph (2) or, in the alternative, paragraph (3) of this subsection. 11. U.S.C. § 522(a) 9
10. “Fair Market Value” Value under 11 U.S.C. § 522(a)(2) means price willing seller and willing buyer under no compulsion would agree upon after reasonable period of exposure to market, where buyer is knowledgeable of all uses and purposes for which property is adopted and for which it was or is capable of use. In re Todd, 194 B.R. 893 (Bankr. D. Mont. 1996). MAZURKRAEMER LAW 10
11. D. Bankruptcy Code § 522(f):Avoiding Judicial Liens A lien “impairs” an exemption to the extent that: —the amount of the lien, —plus the amount of all other liens on the property, —plus the amount the debtor could claim as exempt if there were no liens on the property, exceeds the value the debtor's interest in the property would have in the absence of any liens. 11 U.S.C. § 522(f)(2)(A). 11
12. E. Bankruptcy Code § 506: Value of a Secured Creditor’s Collateral to Determine Extent Of Secured Versus Unsecured Claim and to Lienstrip 12
13. 11. U.S.C. § 506(a) (a)(1) An allowed claim of a creditor secured by a lien on property in which the estate has an interest, or that is subject to setoff under section 553 of this title, is a secured claim to the extent of the value of such creditor's interest in the estate'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 amount of such allowed claim. Such value shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor's interest. (2) If the debtor is an individual in a case under chapter 7 or 13, such value with respect to personal property securing an allowed claim shall be determined based on the replacement value of such property as of the date of the filing of the petition without deduction for costs of sale or marketing. With respect to property acquired for personal, family, or household purposes, replacement value shall mean the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined. 11 U.S.C. § 506(a). MAZURKRAEMER LAW 13
14. F. Bankruptcy Code § 722: Debtor’s Redemption Rights 14 MAZURKRAEMER LAW
15. 11. U.S.C. § 722 An individual debtor may, whether or not the debtor has waived the right to redeem under this section, redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted under section 522 of this title or has been abandoned under section 554 of this title, by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien in full at the time of redemption. 11 U.S.C. § 722. MAZURKRAEMER LAW 15
16. G. Bankruptcy Code § 362(d) Value of a Secured Creditor’s Collateral to Determine Whether Such Creditor Can Obtain Relief from the Stay under Bankruptcy Code § 362(d) 16 MAZURKRAEMER LAW
17. 11. U.S.C. § 362 (d) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided under subsection (a) of this section, such as by terminating, annulling, modifying, or conditioning such stay— for cause, including the lack of adequate protection of an interest in property of such party in interest; (2) with respect to a stay of an act against property under subsection (a) of this section, if-- the debtor does not have an equity in such property; and (B) such property is not necessary to an effective reorganization. 11 U.S.C. § 362. MAZURKRAEMER LAW 17
18. H. Bankruptcy Code § 547 and 548: Valuation and the Solvency of the Debtor in Preference and Fraudulent Transfer Actions. MAZURKRAEMER LAW 18
19. Preferential Transfers As is facially evident in the preference statute, all five criteria enumerated in the language of Section 547 must be satisfied before a trustee may avoid any transfer of property as a preference. Waldschmidt v. Ranier (In Re Fulghum Constr. Corp.), 706 F.2d 171, 172 (6th Cir. 1983). One of those enumerated criteria is that the transfer must be made while the debtor was insolvent. 11 U.S.C. § 547(b)(3). What is “insolvent?” Section 101(32) of the Bankruptcy Code provides that “insolvent” means: financial condition such that the “sum of such entity’s debts is greater than all of such entity’s property, at a fair valuation . . ..” 11 U.S.C. § 101(32). MAZURKRAEMER LAW 19
20. Fraudulent Transfers The fraudulent transfer statute includes both transfers that were intended to be fraudulent as well as those that merely had a fraudulent effect on creditors (i.e., transfers made for less than reasonably equivalent value or that rendered the debtor insolvent). MAZURKRAEMER LAW 20
21. I. Bankruptcy Code § 1325: Cram-Down in the Confirmation of a Chapter 13 Plan 21
22. 11. U.S.C. § 1325 In the secured creditor cram-down provisions of § 1325, with certain exceptions, protection for the secured creditor's interest occurs, in part, by conditioning confirmation on the debtor satisfying one of the following alternatives when the holder of an allowed secured claim is provided for by the plan: The holder of the claim must accept the plan; or The debtor must surrender the collateral to the creditor; or The plan must provide for the creditor to retain its lien and to receive property under the plan on account of the claim that will have a value not less than the claim amount. See11 U.S.C. § 1325(a)(5). 22
24. Straight from the Trustees Top Valuation Concerns for Chapter 7 Trustees Procedural Issues Timing of Objection; Form of Objection. 2. Valuation Date Reliable Valuation Resources MAZURKRAEMER LAW 24
25. A. Top Valuation Concerns for Chapter 7 Trustees Business assets Minority share interests in partnership, corporation or LLC Equitable distributions in divorce proceedings Intellectual property/royalties Licenses, particularly seat licenses for professional sports teams Oil and gas leases/mineral rights Preference/fraudulent transfers issues 25
26. B. Procedural Issues Timing of Objection; Form of Objection. 2. Valuation Date 26
28. III.EXEMPTION & NEGATIVE EQUITY ISSUES Recent Developments on Valuation: The Supreme Court Revisits Taylor v. Freeland & Kronz, et al., 503 U.S. 638 (1992) in Schwab v. Reilly, 130 S. Ct. 2652 (2010) Chapter 13: Does the Hanging Paragraph of 11 U.S.C. §1325 Require PMSI Treatment of Negative Equity, or Allow for Bifurcation of That Portion of the Claim ? 28
29. Recent Developments on Valuation: The Supreme Court Revisits Taylor v. Freeland & Kronz, et al., 503 U.S. 638 (1992) in Schwab v. Reilly, 130 S. Ct. 2652 (2010) MAZURKRAEMER LAW 29
30. Chapter 13: Does the Hanging Paragraph of 11 U.S.C. §1325 Require PMSI Treatment of Negative Equity, or Allow for Bifurcation of That Portion of the Claim ? The BAPCPA of 2005 Added the Hanging Paragraph to 11 U.S.C. § 1325 What is Negative Equity? What is a Purchase Money Security Interest? Recent Developments in Case Law MAZURKRAEMER LAW 30