Bankruptcy Case definition

Bankruptcy Case has the meaning assigned to such term in Section 2.05(b).

Bankruptcy Case means a case under the Bankruptcy Code or any other Bankruptcy Law.

Bankruptcy Case has the meaning set forth in the Recitals.

Examples of Bankruptcy Case in a sentence

• Additionally, upon the account review following the Borrower’s discharge, or prior to filing a POC in a subsequent Bankruptcy Case, the Company did not always consistently review and remove previously unnoticed fees and costs.

• The Company represents that the following facts are accurate to the best of its knowledge and belief: Prior to the fourth quarter of 2016, the Company had inconsistent legacy practices for noticing Advances during a Bankruptcy Case in accordance with Bankruptcy Rule 3002.1(c).

• For Mortgage Loans in an active Bankruptcy Case at the time of Escrow Remediation, the Company ran a pro forma to determine the likely outcome of an escrow analysis.

• Historically, the Company or a prior servicer did not consistently seek approval and provide notice to bankruptcy courts through either a Motion for Approval, APOC, and/or PCN when a Borrower in an active Bankruptcy Case entered into a Loan Modification.

• In particular, the Company has: - as of September 7, 2014, ceased the practice of sending solicitation letters for Streamlined Loan Modifications to Borrowers in a Bankruptcy Case; - enhanced its practices to ensure that only fees and costs properly noticed in accordance with Bankruptcy Rules 3001, 3002 and 3002.1, or allowed by court order, will be assessed and/or capitalized into Loan Modifications that occur during Bankruptcy Cases.

More Definitions of Bankruptcy Case

Bankruptcy Case. (i) Holdings or any of its Subsidiaries commencing any case, proceeding or other action (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization, conservatorship or relief of debtors, seeking to have an order for relief entered with respect to it, or seeking to adjudicate it bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, custodian, conservator or other similar official for it or for all or any substantial part of its assets, or Holdings or any of its Subsidiaries making a general assignment for the benefit of its creditors; or (ii) there being commenced against Holdings or any of its Subsidiaries any case, proceeding or other action of a nature referred to in clause (i) above which (A) results in the entry of an order for relief or any such adjudication or appointment or (B) remains undismissed, undischarged or unbonded for a period of 60 days.

Bankruptcy Case has the meaning set forth in the recitals to this Agreement.

Bankruptcy Case means the Chapter 11 case filed December 31, 2003, by the Congoleum Parties in the United States Bankruptcy Court for the District of New Jersey and now pending in the United States District Court for the District of New Jersey, In re Congoleum Corporation, Civil Action No. 09-04371 (JAP), and shall include any appeals therefrom (and any adversary proceedings therein).

Bankruptcy Case. (i) the Parent Borrower or any of its Subsidiaries commencing any case, proceeding or other action (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization, conservatorship or relief of debtors, seeking to have an order for relief entered with respect to it, or seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, custodian, conservator or other similar official for it or for all or any substantial part of its assets, or the Parent Borrower, or any of its Subsidiaries making a general assignment for the benefit of its creditors; or (ii) there being commenced against the Parent Borrower or any of its Subsidiaries any case, proceeding or other action of a nature referred to in clause (i) above which (A) results in the entry of an order for relief or any such adjudication or appointment or (B) remains undismissed, undischarged or unbonded for a period of 60 days.

Bankruptcy Case means any proceeding commenced by or against the Company under any provision of the Bankruptcy Code or under any other federal or state bankruptcy or insolvency law, including assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with its creditors, or proceedings seeking reorganization, arrangement, or other similar relief, and all converted or succeeding cases in respect thereof.

Bankruptcy Case. (i) the Borrower or any of its Subsidiaries commencing any case, proceeding or other action (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization, conservatorship or relief of debtors, seeking to have an order for relief entered with respect to it, or seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, custodian, conservator or other similar official for it or for all or any substantial part of its assets, or the Borrower or any of its Subsidiaries making a general assignment for the benefit of its creditors; or (ii) there being commenced against the Borrower or any of its Subsidiaries any case, proceeding or other action of a nature referred to in clause (i) above which (A) results in the entry of an order for relief or any such adjudication or appointment or (B) remains undismissed, undischarged or unbonded for a period of 60 days.

Bankruptcy Case has the meaning assigned to such term in Section 5.01(a).