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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.

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What Should Construction Contractors Do When a Property Owner Files For Bankruptcy?

Jimerson Firm

Contractors and subcontractors that have lien rights under applicable construction lien laws may have the ability to assert what is known as a secured claim in bankruptcy. Secured creditors are those that have their claims for payment secured by a lien or mortgage on the property of the debtor. Conclusion.

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Asset seizures: How they work in commercial collections

Collections Law

Search for secured creditors – Before you seize your debtor’s property, you want to make sure another creditor does not have a lien on that property, or you could become liable for that debt. Real estate may require additional steps, but is not off-limits.

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What Is An Insolvent Estate? All You Need To Know

Hudson Weir

The creditors will then be repaid using funds from the estate in the following order of priority: Secured creditors (e.g. mortgage loans) Funeral expenses Testamentary expenses (expenses incurred by the personal representative in administering the estate, e.g. legal fees) Preferential creditors Unsecured creditors (e.g.

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Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

That means that you must continue to pay on most secured debts to keep or hold onto the collateral. This is a voluntary agreement between a secured creditor and the debtor that re-obligates the debtor on the secured debt. The debtor must maintain regular payments on the secured loan in order to keep the collateral.

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Burr & Forman Names Eight New Partners Across Five Offices

Burr Forman

With 350 attorneys and 19 offices across Florida, Alabama, Delaware, Georgia, Mississippi, North Carolina, South Carolina, and Tennessee, Burr & Forman draws from a diverse range of industry experience and practice knowledge to help clients address their legal needs and achieve their goals.

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SURVIVING FINANCIAL DISTRESS FROM COVID-19 IN THE RESTAURANT, BAR, AND SERVICE INDUSTRY

BN Lawyers

Drawing on secured credit facilities is less of a winning proposition. Secured creditors can foreclose on their collateral if they are not paid and have special rights in a reorganization proceeding. Companies should discuss their options with an attorney before accessing this credit in those situations.