Hence a filing triggers a race among creditors to grab all available assets, crippling the business and making an orderly sale of the firm nearly impossible.
While clawbacks are especially popular in larger Ponzi schemes where investor losses often dwarf available assets, a new tactic has emerged in several recent cases seeking to use criminal and civil usury laws to maximize clawback recoveries.
Thus, if a remedy is potentially available that would increase the amount of assets available of future distribution to scheme victims, the receiver or trustee has little choice but to proceed with that action.
There is a need to communicate, coordinate, transmit reports and help our clients understand the other assets available to them.
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As balance sheets have become more unencumbered, the pool of assets available to support claims by unsecured creditors has diminished.
At the second death, only one exemption was available to shelter assets.
Shell told MPs that in Alaska available mechanical recovery assets had "a combined capacity that exceeds the worst-case discharge potential of the well we are drilling".
Although any person or entity can acquire and store bitcoins on their own, institutional investors are typically restricted in the types of assets available within their investment charter.
Unfortunately, because QE involves the exchange of one risk-free asset (bank reserves) for another (Treasury securities), QE does nothing to increase the amount of risk-free assets available to the market.
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Although schools essentially expect you to stop making 401(k) contributions while your kids are in college, few count the money already in retirement accounts, no matter how much, as assets available to fund college.
If you have sufficient liquid assets available, not only will you be able to access those funds with a debit card, but hopefully you should be able to get a secured credit card with a higher limit.
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Every WMD incident will require a multi-agency response, and there will be a session on the capabilities and capacities in water, food, and agriculture sectors, which will focus on the assets available at the federal, state, and local levels.
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One issue worth more examination is which U.S. and NATO military assets were available in the region to respond to the attack, and why they didn't.
Because the amount of assets ultimately available for distribution to victims is usually insufficient to satisfy the total amount of victim claims, the receiver is tasked with ensuring that any distribution treats similarly-situated victims alike.
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There is an open question as to whether the courts of a non-DAPT state can compel the return of asset from the DAPT state to the non-DAPT state so that those assets are available to creditors, i.e.
Well mostly that response comes from the air and this year in the worst predictable conditions possible the private flying contractors had their contracts cancelled, so 60% of the flying assets are not available.
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Split it anyway, so at least some liquid assets will be readily available to fund the trust.
Both Mr Merton and Mr Scholes adhered to the efficient-market hypothesis that the prices of financial assets always affect all available information.
They have been successful in part because they attempt to talk to each client about all of their available options, including leaving the assets in place.
For example, the conference decided that as a matter of public policy the assets of spendthrift trusts (which are drafted so their assets will not be available to beneficiaries' creditors) should be available to pay any child support or alimony a beneficiary owes.
Moreover, divesting oneself of assets that would otherwise have been available to satisfy a disgorgement order has routinely been condemned by the courts.
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Besides getting assets that would not otherwise have been available, Exxon and the other acquirers have the opportunity to squeeze out huge amounts of overhead.
Banks that lend too much may be required to buy low interest financial assets , reducing the amount they have available to lend to business.
That's why I requested these two additional assets that really I don't have available to me here within the state of Minnesota.
They will get their money back if enough funds are available to divide up after all the business's assets are sold.
Although, with plentiful oil and natural gas in the US, the pressure on energy conservation has eased a bit it is clear that there is a finite amount of accessible energy available and conservation of energy is important to preserve these assets for future generations.
The City has identified 15 innovation zones in key commercial and industrial corridors, and will work with the private sector to leverage the existing infrastructure and assets to ensure low-cost broadband is available in these zones with the ultimate goal of extension to all businesses in the City.
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This perk may not be available for an IRA unless the employer extends such services to assets outside of its employer-sponsored plan.
Through years of hard work and saving, Japan built up national assets that were much larger than its debt, a cushion also available to the U.S. Japan has a strong-currency policy, causing much of Japan's savings to stay home.
An orderly sale of Italy's state-owned industries and Greece's land holdings would take time, which is no longer available, so the immediate solution to the crisis is to place such hard assets in a euro-zone trust that would then issue euro-zone bonds backed by those assets.
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