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Unsecured And Secured Loans: What If A Company Can’t Repay?

Hudson Weir

Secured loans or unsecured loans are crucial for many businesses, providing the investment they need to achieve their objectives and grow. In total, banks provided £65.1bn in loans to small companies with more likely to have gone to larger businesses too! But what’s the difference between secured loans and unsecured ones?

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What Are Preferential Payments in Bankruptcy?

Sawin & Shea

Secured vs. Unsecured Creditor A secured creditor has a lien of some kind on a debtor’s property. Bank-owned assets that have a recurring monthly payment, like mortgage payments or an auto loan fall under this category. Unsecured creditors lend money without any collateral. Family members.

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What Assets Do You Lose in Chapter 7?

Sawin & Shea

If you are not, this test determines how much you are required to pay back to your unsecured creditors in a Chapter 13 reorganization. Mortgages and car loans are both considered secured debts because they both have backing collateral. This is a test that determines if you are eligible for a Chapter 7 bankruptcy.

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When a Company Goes Into Administration or Liquidation Who Gets Paid First?

Hudson Weir

Once a firm enters administration, it must pay every creditor group entirely, save for ‘prescribed part’ secured creditors, before funds are distributed to the subsequent creditor. This amount is then used to give unsecured lenders more chances to recoup a little of their outstanding capital.

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The Rights of a Prepetition Lien Holder Against Postpetition Proceeds from a Sale of Real Property

ABI

The Bankruptcy Court further held the secured creditor's prepetition lien on accounts did not extend to proceeds from court-approved postpetition sale of real property. In 2017, Allegiance Bank loaned Burts Construction, Inc. The loan was secured by a lien on “all assets of the debtor, including all accounts.” [1]

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Does Chapter 13 Wipe All of Your Credit?

Sawin & Shea

Common types of dischargeable debt include: Credit card debt Medical debt Judgements Utility bills Back rent Personal loans Repossession balances While Chapter 13 helps you repay certain debts and discharge remaining balances, not all forms of debt are dischargeable. Fortunately, you can obtain a secured card that includes collateral.

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Recent Decision on Derivative Standing by a Creditors’ Committee to Challenge a Lender’s Liens

PBWT

In many chapter 11 cases, creditors’ committees can play a vital role in maximizing the recoveries of unsecured creditors. But the powers of creditors’ committees are circumscribed by both the Bankruptcy Code and case law. Bankruptcy Judge Joseph N.