UNCITRAL guideline to insolvency law define balance sheet test based on excess of liability over assets as an indication of financial distress.Thus, a payment or transfer of debtor asset with in suspect period will have detrimental effect to the other creditors and hence it is suspect transaction. In addition, via a mechanism called a writ of execution liens can be transferred to other counties in Pennsylvania where the debtor owns property. Notice of Hearing to Consider Motion (Local Bankruptcy Form 9014-3) 2. Certificate of Service All filings should be made electronically unless the requirement of electronic filing has been waived by the court. 9014-3 requires that the movant serve the following parties or, if represented, their counsel of record: • The debtor • U. Trustee • Any person whose interest would be directly, materially and adversely affected if the relief requested in the motion were granted and whose interests are not adequately represented by persons on whom service is otherwise required.
Of the three burdens the plaintiff carries, collecting a judgment can be the most difficult, particularly where there are no assets to attach--either because there are no significant assets, or all of the assets are protected by exemptions and other means. Most states provide that a judgment expires after 10 to 20 years. However, judgment creditors rarely continue to pursue the collection of a judgment after an initial attempt fails when they realize that the effort will be fruitless.Thus, to understand suspect transactions, it is necessary to define what insolvency means and when do we say the person is insolvent?Simply, insolvency is inability to pay the debt when they become due and payable.Many times, judicial liens can be avoided through the power of persuasion.That is, you may be able to avoid a lien by convincing the other party that any lawsuit would be a waste of time.A judgment lien is a type of nonconsensual lien (a lien that attaches to your property without your agreement). If the respondent is represented by counsel who has appeared in the case, the motion will be served electronically as part of the ECF system. How to draft a Debtor’s Motion to avoid a Judicial Lien?