Easily Replace Value Choice in the Letter Bankruptcy Inquiry

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How to Replace Value Choice in the Letter Bankruptcy Inquiry

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a creditor in my clients chapter 7 case flew to Atlanta to appear at the 341 hearing thats pretty unusual what he said next really made me concerned he said mr. Ginsberg I appreciate that youve got to represent your client but I just want you to know Im gonna do whatever it takes to see your client homeless not a great situation Im Jonathan Ginsberg Im a personal bankruptcy attorney here in the Atlanta area in this case several years ago but I still remember it well because it involved a situation where my client we had filed chapter 7 and he had amongst his creditors one that was a former business partner and the former business partner took took this very very personally it wasnt about money my client did owe them some money but it wasnt about the money this guy wanted to see my client hurting he wanted to see my client and his family homeless which is kind of sick but thats what the guy wanted and he had the leverage of objecting to bankruptcy and basically what he told his

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How do you value things for bankruptcy?

When valuing your personal property in bankruptcy, determine the replacement value of the asset. Replacement value is the cost of replacing an asset with an item similar in age and condition (essentially what a retail merchant would sell a similar item for taking into account its condition and age).

How are letters of credit treated in bankruptcy?

Some bankruptcy courts have held that although letters of credit are not property of the bankruptcy estate, excess proceeds from a letter of credit can become property of the estate.

What is the new value exception in bankruptcy?

An exception to the absolute priority rule that enables holders of equity to retain their equity interests in the debtor even though a senior non-accepting class has not been paid in full, if the equity holders contribute new capital or other form of acceptable value to the debtor.

What is the new value rule in bankruptcy?

In a Chapter 11 bankruptcy proceeding, if a company or individual filer (the debtor) is unable to pay its creditors in full, the absolute priority rule bars owners from retaining their interests unless the owners contribute new value to the business.

What is the bankruptcy new value defense?

A creditor satisfies the new value defense by proving that it gave unsecured new value to the debtor by selling goods and/or providing services on credit terms to the debtor after an alleged preferential payment.

What is the new value defense in bankruptcy preference?

A creditor satisfies the new value defense by proving that it gave unsecured new value to the debtor by selling goods and/or providing services on credit terms to the debtor after an alleged preferential payment.

What is the new value corollary?

An exception to the absolute-priority rule that allows a reorganization plan confirmed via cramdown to give old equity holders a new equity interest in exchange for new investment.

What is the new value defense preference?

The new value defense reduces a creditors preference liability to the extent the creditor provided new goods or services to the debtor after receiving the alleged preference payment.

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