If the business ' debts exceed its assets, the bankruptcy restructuring results in the company's owners being left with nothing ; instead, the owners ' rights and interests are ended and the company's creditors are left with ownership of the newly reorganized company.

Studies on the impact of forestalling the creditors ' rights to enforce their security reach different conclusions.

Bronston sold those rights to his creditors after he filed for bankruptcy.

Probate is often considered a relatively lengthy and expensive process, albeit one which may provide greater safeguards with regard to the rights of a deceased person's beneficiaries, though probate often is contested by creditors or disgruntled members of the family of the deceased who feel they have not received their fair share of the deceased's property.

Conflicts between debtors and creditors in agricultural production as well as over land use rights in parts of Hungary ( as in France ) led to conflicts that occasionally erupted into violence.

The Canada Company solicitors mediated the rights and duties among shareholders, creditors and directors.

Edgar sold the rights to his novels very quickly-FJM for £ 75, its sequel for £ 80, and so forth-merely for an income and to provide token amounts to his creditors, many of which were from South Africa.

However, in such cases the company may be restored to the Register if it is just and equitable so to do ( for example, if the rights of any creditors or members have been prejudiced ).

* Bankruptcy and creditors rights

In RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 566 U. S. ______ ( 2012 ), the Court found it was obligated to interpret the bankruptcy code “ clearly and predictably using well established principles of statutory construction ” resolving the lingering uncertainties related to credit bidding under a chapter 11 plan and upholding secured creditors ’ rights.

As a result administration was not as popular as had been envisaged, and secured creditors habitually appointed administrative receivers to enforce security rights.

In opposition was the Old Court, or Anti-Relief party, which worked to secure the rights of creditors to collect debts.

* Executors of the will need to be guided in how and when to distribute assets and how to take creditors ' rights into account.

# Subrogation rights of business creditors

In 1825 the unfinished application was discovered and approved ( for all of Nova Scotia, including Cape Breton Island ), whereby the Duke signed over the rights to the General Mining Association, a wholly owned subsidiary of one of the Duke's creditors: the London jewelry firm of Rundell, Bridge and Rundell.

As between the fraudulent parties the transfer is valid, though it can be assailed externally by the assertion of the rights of the creditors.

This area is highly controversial and may not represent the law in England because of the previous Court of Appeal case of Lister v Stubbs which held the opposite, partially because a trust is a very strong remedy that gives proprietary rights to the claimant not enjoyed by the defendant's other creditors.

If the deed were given effect as written, Caleb and Dinah's vested rights to the remainder interest would have existed prior to any judgment liens, and would therefore be prior in right to the claims of Adam's creditors.

The Doctrine of Worthier Title, preferring title by intestate succession over title by the instrument, wipes out that vested interest and prefers the rights of Adam's creditors over the rights of Adam's heirs.

The few remaining assets and intellectual property rights were transferred in a " pre-pack " administration arrangement to Redholt Ltd a new private company, thus distancing the new company from the NCC creditors, which included a substantial pension fund liability resulting in the insolvency of the pension fund later that year.

* Assignment for the benefit of creditors, a concept in bankruptcy law

Abatement of debts and legacies is a common law doctrine of wills that holds that when the equitable assets of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend.

In a bankruptcy, all assets of the debtor are liquidated under the administration of the creditors, although the law provides for debt restructuring options similar to those under Chapter 11 of the U. S. Bankruptcy code.

If the case is dismissed, creditors will look to non-bankruptcy law in order to satisfy their claims.

A case law doctrine developed whereby courts may generally recognize the efficacy of spendthrift clauses as against trust beneficiaries and their creditors, but not against creditors of a settlor.

Congress modified and extended the law in 1914 when British and other foreign creditors demanded immediate payments, in gold, of amounts which would ordinarily have been carried over and paid through exports of commodities.

Amedeo's birth saved the family from ruin ; according to an ancient law, creditors could not seize the bed of a pregnant woman or a mother with a newborn child.

Perfection is generally accomplished by taking steps required by law to give third party creditors notice of the lien.

Hundreds of angry creditors sued to overturn the law.

And when debtors have succedd in arranging with their creditors, hundreds are detained in prison for chamber-rent and other unjust demands put forward by their gaolers, so that at last, in their despair, many are driven to commit suicide ... gaolers should be paid a fixed salary and forbidden, under pain of instant dismissal, to accept bribe, fee or reward of any kind ... law of imprisonment for debts influicts a greater loss on the country, in the way of wasted power and energies, than do monasteries and nunneries in foreign lands, and among Roman-Catholic peoples ... Holland, the most unpolite country in the world, uses debors with mildness and malefactors with rigour ; England, on the other hand, shows mercy to murderers and robbers, but of poor debtors impossibilities are demanded ...

We want to restore balance to the system, improve clarity for both debtors and creditors, strengthen protection for vulnerable people and ensure that individuals, business and Government are able to collect the debts they are owed – but in a way that is fair and regulated by law.

Under Swiss law, debt restructuring may occur out of court, or through a court-mediated debt restructuring agreement that may provide for a partial waiver of debts, or for a liquidation of the debtor's assets by the creditors.

Under US bankruptcy law, a person's estate consists of all assets or property of any kind available for distribution to creditors.

* Limited liability company, in which the attorney-owners are called " members " but are not directly liable to third party creditors of the law firm ;

This law granted debtors a two-year grace period in repaying their debts unless their creditors would accept notes from the Bank of Kentucky.

According to the July 7, 2009 petition in the Bankruptcy Court for the Central District of California Dykstra's debts and creditors include: $ 12. 9mm to Washington Mutual ( unsecured ), $ 4 mm to Countrywide Financial / Bank of America ( unsecured ), $ 3. 5mm to Rockbridge Bank of Atlanta, $ 2. 5mm to David and Teresa Litt, $ 1. 5mm to K & L Gates ( a large law firm ), and smaller amounts to others.

Corporate law ( also " company " or " corporations " law ) is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another.

And when debtors have succeeded in arranging with their creditors, hundreds are detained in prison for chamber-rent and other unjust demands put forward by their gaolers, so that at last, in their despair, many are driven to commit suicide ... gaolers should be paid a fixed salary and forbidden, under pain of instant dismissal, to accept bribe, fee or reward of any kind ... law of imprisonment for debts inflicts a greater loss on the country, in the way of wasted power and energies, than do monasteries and nunneries in foreign lands, and among Roman-Catholic peoples ... Holland, the most unpolite country in the world, uses debtors with mildness and malefactors with rigour ; England, on the other hand, shows mercy to murderers and robbers, but of poor debtors impossibilities are demanded ...

As this was not enough to satisfy the reparations creditors, on 30 August 1924 a law was enacted providing for the establishment of a state owned Deutsche Reichsbahn-Gesellschaft ( DRG ) ( German Reich Railway Company ) as a holding company to operate the national railways.

Impossible problems: widespread slavery, disappearance of family farms, extravagance and immorality of the wealthy, dire poverty, speculation, debt ; Caesar's reforms: favoring families, against absentees, restricting luxuries, debt relief ( but not cancellation as demanded by populares ), personal bankruptcy for unpayable debt replacing enslavement by creditors, usury laws, road building, distribution of public agricultural lands in a moderated Gracchan fashion, and new municipal law.

The association which the law does recognise-the association of shareholders, creditors and directors-is incapable of producing and distributing and is not expected to perform these functions.

For example, law governing the validity of liens or rules protecting certain property from creditors ( known as exemptions ), may derive from state law or federal law.