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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”).

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Unsecured And Secured Loans: What If A Company Can’t Repay?

Hudson Weir

To reduce the lender’s risk exposure, a secured business loan provides them with collateral – a company asset. Company assets could include anything from equipment and constructions to vehicles and intellectual property. In contrast, an unsecured loan provided by a lender does not involve a company asset’s usage as collateral.

Loans 52
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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. Gabriel Eckstein St. the “Debtor”) $1.5

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When a Company Goes Into Administration or Liquidation Who Gets Paid First?

Hudson Weir

This company property can be anything from equipment and constructions to apparatus, vehicles, and intellectual property. This amount is then used to give unsecured lenders more chances to recoup a little of their outstanding capital. Secured creditors include leasing companies and banks.

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

Fraser

Because debtors require sufficient cash to operate their businesses and pay for the administrative expenses of the chapter 11 process, many seek interim court approval for financing (called “debor-in-possession” or “DIP” financing) and/or the use cash collateral that is subject to a secured creditor’s lien. Proof-of-Claim Bar Date.

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Establishing Standing in a Foreclosure Proceeding

Jimerson Firm

In order to maintain a foreclosure action against a borrower, lenders must ensure they can establish “standing”. Standing is a fundamental requirement for a foreclosure, as lenders who desire to initiate a foreclosure proceeding are required to have standing. Second, lenders are required to have standing when suit is filed.

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SBA Loans: Insurance Requirements and Considerations

Jimerson Firm

When underwriting and servicing SBA loans, it is important for lenders and CDCs to ensure appropriate insurance coverages are in place to protect the collateral. As a condition for the loan, the SBA requires borrowers to maintain hazard insurance on all pledged collateral. 13 CFR § 120.160 ; SOP 50 10 5(K).

Loans 98