Remove Banks Remove Collateral Remove Loans Remove Unsecured Creditor
article thumbnail

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. According to the British Business Bank , there was a 12.8% increase in gross bank lending to SMEs between 2021 and 2022. What is a secured loan?

Loans 52
article thumbnail

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.

Insiders

Sign Up for our Newsletter

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

article thumbnail

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.

article thumbnail

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. Secured creditors include leasing companies and banks.

article thumbnail

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]

article thumbnail

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.

article thumbnail

What Is Nonexempt Property In Bankruptcy, And Why Does It Matter?

Debt Free Colorado

Another aspect is the increased accessibility of credit loans, which makes it simpler for Americans to end up spending more than they can afford. They will sell them and use the revenues to pay for the bankruptcy’s fees , charges, and expenditures before paying creditors. The Trustee seizes all non-exempt assets.