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Idaho Bankruptcy Court Holds that Later-Recovered Assets Revert to Borrower Absent Plan Provision to the Contrary

Troutman Sanders

In In re McCrorey , the debtors confirmed a chapter 13 plan, which required them to make payments for 60 months and provided no payments to unsecured creditors. Apparently, three years prior to the bankruptcy filing, the debtors had a vehicle repossessed by the bank.

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What Are Preferential Payments in Bankruptcy?

Sawin & Shea

If the payments were made to an insider creditor, the preference period changes from 90 days to within one year of filing. Secured vs. Unsecured Creditor A secured creditor has a lien of some kind on a debtor’s property. Unsecured creditors lend money without any collateral. Family members.

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Failed Private School was owed £51k in Unpaid School Fees

UK debt collections

Losses at the school had been funded by reserves and additional bank loans. in the bank. Preferential creditors, who are owed £99,511.20, such as some of the 90 staff, could receive a first and final dividend of 76p for every pound owed. But money for unsecured creditors, who are owed £2.28

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Florida Bankruptcy Court Sanctions Debt Buyer for Seeking to Collect Debt that Consumer Failed to Schedule in Bankruptcy Case

Troutman Sanders

She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. However, testimony later showed that the entity listed as holding the debt, Direct Merchants Bank, was not the actual creditor but rather a registered trademark owned by Metris Companies.

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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. Secured creditors include leasing companies and banks.

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Putting Personal Money Into A Limited Company: What You Should Know

Hudson Weir

Putting personal money into a limited company can also be a cheaper way to borrow funds, in comparison with interest rates on bank loans. Leveraging personal money in a business may seem like a reasonable next step, when banks won’t lend money due to failed credit checks. Be aware though, that they are classed as unsecured creditors.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

In practice, the court’s ruling relegates Earn Account holders to the class of “unsecured creditors,” and their ability to recover their losses depends on two circumstances: (1) priority of distributions to unsecured creditors under a confirmed Chapter 11 bankruptcy plan and (2) the liquidity of the bankruptcy estate.