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Substantive consolidation is an equitable remedy often employed in bankruptcy cases to consolidate separate debtors or estates so that their assets and liabilities may be aggregated.
The appointment of a receiver by way of equitable execution is a powerful remedy for creditors to enforce judgment debts, as it enables a creditor to collect income from a debtor’s assets, thereby preventing the debtor from receiving those payments. It is particularly useful where the debtor has no legal interest in the assets.
The continued viability of substantive consolidation, a remedy that had gained increasing popularity in recent years—particularly in complex bankruptcy cases.
This type of remedy is really an action prescribed by the court to resolve the matter. This type of remedy is often used when there is simply no financial remedy.
The award of personal remedy entitles the plaintiff only to the status of an unsecured judgement creditor in the event of the defendant’s insolvency. If the defendant has insufficient assets to discharge his debts, the plaintiff will only recover, at best, a proportion of the debt, in common with other unsecured creditors.
Oct 7, 2020 the express language of rule 7001 provides that requests for equitable relief must be brought by adversary proceeding.
Info on legal remedies under dutch law; specific performance, claiming damages contract rescission, annulment and legal injunctions in the netherlands.
In common law countries there are a variety of remedies that can be imposed when the court is satisfied that an equitable tracing claim has been made. The principal remedies are: an election to take the property (or a resulting trust) an equitable charge over the property.
In the context of this comment, monetary relief refers to remedies which require defendants to give up money which they have obtained unlaw- fully; compensation.
In view of the new life given to equitable remedies, in general, by the supreme.
The remedy of substantive consolidation allows a bankruptcy court to pool the assets and liabilities of two or more related entities to satisfy all creditor claims.
Oct 13, 2010 in the future, larger unsecured creditors are using the remedy of a constructive trust to target specific property and to attempt to obtain a full.
07, subdivision (a) sets forth creditors' remedies, which include avoidance of a transfer, attachment, and the equitable remedies of injunction and receivership as well as “ [a]ny other relief the circumstances may require.
Uity is the system of justice that arose in the court of the lord chancellor of england in the late fourteenth or early fifteenth century. (in order to avoid confusion, this essay will not use the word equity to refer to the nontechnical con cepts of fairness and justice.
Id at 319 21 (noting that the creditor's bill was limited to judgment creditors and explaining that a pre judgment or general creditor had no cognizable interest,.
Such remedies can prevent the disappearance of valuable business assets, ensuring they are not hidden, transferred or otherwise placed beyond the jurisdiction.
Unsecured creditors in the context of equitable proprietary remedies. First, it argues that recent attempts to cater for hypothetical unsecured cred-itors when formulating a general rule are unprin-cipled and result in the interests of other innocent third parties being overlooked. Secondly, it is argued that the best way to accommodate third-.
Why, indeed, should the fact of an admixture defeat the plaintiff’s right * this article is an extract from a thesis (study of the inter-relationship of the legal and equitable proprietary remedies in english law) which i sub-.
Similarly, in cases of the concurrent jurisdiction, as accident, mistake or fraud, equity may grant relief irrespective of the existence of an adequate remedy at law.
The oppression remedy focuses on the harm done to the legal and equitable interests of a wide range of stakeholders affected by alleged oppressive acts of a corporation or its directors. The remedy gives a court a broad jurisdiction to enforce not just what is legal but what is fair.
B equitable tracing rules equitable tracing rules govern the process of tracing. Collectively, the equitable rules prescribe a method for identifying a chain of title — transactions and transformations — linking plaintiff to defendant, and original property to target property.
The concept of equitable subordination pre-dates the current bankruptcy code. It is intended to be remedial, not penal, and to be used sparingly by courts. All or part of any claim (secured or unsecured) or interest may be subordinated in order to remedy the injury caused to the debtor or other creditors.
Remedies of creditors act an act for extending the remedies of creditors against the property of their debtors, and for the better protection of purchasers and mortgagees. In this act— “court” means the high court, or a judge thereof;.
Mississippi argued to the effect that equity gives courts broad powers to fashion remedies in post-judgment enforcement proceedings (known as proceedings supplementary) and that what the court.
Anyparticular remedy that a party envisages it may need should bespecifically preserved in the contract.
Equitable interests of stakeholders affected by oppressive acts of a corporation or its directors. The remedy is available to a wide range of stakeholders – security holders, creditors, directors and officers. ”5 using that definition as a guide, an overview of the oppression remedy as found in the obca can proceed by answering four.
Equitable remedy court-ordered action that directs parties to do or not to do something; such remedies include injunctive relief and specific performance. Alternatively, a non-monetary remedy, such as an injunction or specific performance, obtained when a legal remedy such as money damages cannot adequately redress the injury.
An equitable remedy that a party may use to stop another party from acting or, in some circumstances, force a party to act in a certain manner. What is a permanent injunction? a final remedy awarded after a full trial on the merits.
The equitable remedies of creditors in relation to fraudulent conveyances, transfers, mortgages, judgments and assignments including creditors' bills, bills in the nature of creditors' bills, supplementary proceedings, proceedings in aid, proceedings against insolvent corporations, insolvent estates, trusts, receivership and the effect of the bankrupt act upon insolvent laws, assignment.
It is an equitable remedy used by the courts to address an unjust enrichment. Defines a resulting trust as an equitable trust that arises whenever one party buys property and has it gratuitously conveyed to another or into the joint names of himself and another.
Feb 16, 2018 two of the more common pre-judgment remedies are replevin and attachment, which is similar to garnishment.
These remedies date far back in english history and were adopted in this country in colonial days as a part of the general system of our remedial jurisprudence, and constitute for us an invaluable legal inheritance from the mother country.
As described by the united states department of justice (doj), setoff and recoupment are two distinct legal remedies that allow companies to collect when there is a mutual debt. The right to set off mutual debt arises out of section 553 (a) of the bankruptcy code. In contrast, the right of recoupment is an equitable remedy created by the courts.
The constructive trust, an equitable remedy designed to prevent unjust enrichment, is a in the bankruptcy code, such as equality of distribution to creditors.
Attachment is a procedure set forth in state statutes with the particular details varying from state to state.
Equitable relief is a court-granted remedy that requires a party to act or refrain from performing a particular act in cases where legal remedies are not considered.
Marshalling is an equitable doctrine applied in the context of lending. It was described by lord hoffmann as: [a] principle for doing equity between two or more creditors, each of whom while quite similar to the doctrine of subrogatio.
And even if equitable relief is the usual remedy for a particular contractual or statutory.
An equitable lien claimant seems to fight against the general bankruptcy concept that all general unsecured creditors should share equally in a debtor’s assets. T the court case law seems to be quite consistent, however, in recognizing the existence of equitable liens.
Equitable remedies include recession and ratification, injunctions and specific performance, all of which are available from the court of equity at the discretion of such court. This essay will look at the equitable remedies available and in particular ask how men and women are treated differently in v the grant and denial of such remedies.
As described by the united states department of justice (doj), setoff and recoupment are two distinct legal remedies that allow companies to collect when there is a mutual debt. The right to set off mutual debt arises out of section 553(a) of the bankruptcy code. In contrast, the right of recoupment is an equitable remedy created by the courts.
Tompkins being determinative of substantive rights, there is still preserved to the federal courts a uniform basis for granting equitable remedies in cases in which.
Beginning with general principles, justice stinson canvassed certain key themes from the law of oppression remedy, including that the remedy is an equitable remedy protecting “the reasonable expectations of parties – in their capacities as shareholders, directors, creditors and other proper parties – beyond their strict legal rights”.
There are various remedies open to an innocent party in the event of breach of contract. At common law, the remedy is damages, the most common remedy. Where damages are not considered the appropriate remedy, equity may step in and provide and alternative remedy.
In the legal category are damages; in the equitable category are specific performance, injunctions, and restitution.
Equitable execution in the context of debt recovery 11 march, 2020. The appointment of a receiver by way of equitable execution is an equitable remedy available to the courts whereby the court appoints a receiver over a judgment debtor’s assets. This arises in cases where the remedies available to a judgment creditor at common law are inadequate.
The equitable remedies of creditors: in relation to fraudulent conveyances, transfers, mortgages, judgments, and assignments (1899) [smith, john wilson] on amazon.
A judgment creditor who seeks equitable execution, must usually first have equitable execution is discretionary, in common with other equitable remedies.
It is in the nature of equitable relief to protect a meritorious creditor, who had paid the debt of another, against loss or damage.
Equitable subordination is a common-law doctrine predating the enactment of the bankruptcy code designed to remedy misconduct that causes injury to creditors (or shareholders) or confers an unfair advantage on a single creditor at the expense of others.
The equitable remedies of creditors [smith, john wilson] on amazon.
Legal remedies in law are referring to a judicial relief or judicial remedy or damages.
There are several remedies a court can impose on parties in a breach of a contract case: rescission, restitution, specific performance, injunction,.
The latin aphorism pacta sunt servanda (what is agreed obliges) is a key principle of the spanish civil code, which establishes specifically that the obligations arising from contracts have the force of law between the contracting parties, and must be complied with in accordance with their own terms (article 1091 of the civil code).
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