ABI

JANUARY 22, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Under chapter 12 of title 11 of the United States Code (the “Bankruptcy Code”), a family farmer or fisherman can restructure its debts. In a Chapter 12 bankruptcy, the debtor generally proposes a plan for repaying creditors from future earnings. [1]

Secured Creditor 40

Secured Creditor Creditors Bankruptcy Unsecured Creditor 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff An unpaid secured lender with a prepetition mortgage does not have a right to receive payment of proceeds from a postpetition sale of real property. The loan was secured by a lien on “all assets of the debtor, including all accounts.” [1]

Secured Creditor 40

Secured Creditor Bankruptcy Debtor Collateral 40

Fraser

JUNE 25, 2020

It should come as no surprise, therefore, that the economic downturn has led to a surge in corporate bankruptcy filings. According to data from Epiq Global, 722 companies sought bankruptcy protection around the U.S. For creditors to maximize their recoveries, they must stay informed and take action during a bankruptcy proceeding.

Creditors 72

Creditors Bankruptcy Unsecured Creditor Debtor 72

Hudson Weir

SEPTEMBER 11, 2023

In this guide we’ll explain how secured and unsecured loans work, plus what happens if a company falls into debt or becomes insolvent. What is a secured loan? To reduce the lender’s risk exposure, a secured business loan provides them with collateral – a company asset. What is an unsecured loan?

Loans 52

Loans Collateral Secured Creditor Unsecured Creditor 52

PBWT

OCTOBER 27, 2021

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. ’" Id. 3d 96, 100 (2d Cir.

Creditors 59

Creditors Debtor Collateral Unsecured Creditor 59

Sawin & Shea

APRIL 24, 2024

Before someone makes a bankruptcy filing, it is not uncommon for debtors to feel as if they have to make some tough decisions. Which creditors can they pay? This typically occurs because the debtor doesn’t have the money to pay all of their creditors, so they feel they need to rank which ones are more important to pay first.

Bankruptcy 52

Bankruptcy Unsecured Creditor Debtor Creditors 52

Debt RR

DECEMBER 13, 2019

Debt can also be secured using intellectual property, equity, and other soft debt. Missing payments on secured debt causes the creditor to repossess the property as recourse. If collateral is seized, it often occurs in court, leaving a record for other partners and vendors to dig up. Secured Creditors.

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Chapter 7 bankruptcy Bankruptcy Creditors Retail 43