Remove Bankruptcy Remove Construction Remove Debtor Remove Lender
article thumbnail

As Chapter 11 Bankruptcy Filings Surge, Here’s What Creditors Need to Know to Protect and Enforce Their Rights

Fraser

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.

article thumbnail

For Hawaiian Golf Project, it’s Aloha New Ownership, Aloha Old Debt

PBWT

In an adversary proceeding, the collective owners of the Makaha Valley Country Club , golf courses, surrounding undeveloped land, and other related assets (the “Owners”) avoided obligations undertaken in connection with a loan extension provided by Tianjin Dinghui Hongjun Equity Investment Partnership (the “Lenders”).

Debtor 65
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Recent Amendments Place Creditors in a Stronger Position to Defend Against Chapter 11 Bankruptcy Preference Lawsuits

Fraser

As the bankruptcy wave continues to build, more businesses are being forced to deal with bankrupt customers. What’s worse—and which often comes as a big surprise—is when a business gets sued by the debtor or bankruptcy trustee seeking to recover payments made by the debtor before the bankruptcy.

article thumbnail

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

ABI

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. In 2017, Allegiance Bank loaned Burts Construction, Inc. the “Debtor”) $1.5

article thumbnail

Filing a Proof of Claim in Bankruptcy: What You Need to Know

Fraser

When a company files for bankruptcy and it owes you money, it means you have a “claim” in the debtor’s bankruptcy proceedings. If you’re owed money by a bankrupt debtor, you likely have to file a claim. The bankruptcy court will establish a deadline, or “bar date,” by which claims must be filed.

article thumbnail

What Happens if You Ignore Debt Collectors?

Taurus Collect

Persistent Contact: Debt collectors may contact debtors through phone calls, emails, letters, or even personal visits. Consider a Payment Plan: Many debt collectors are open to negotiating payment plans that are manageable for the debtor. Over time, these can accumulate, significantly increasing the total amount owed.