Remove Collateral Remove Creditors Remove Law Firms Remove Secured Creditor
article thumbnail

How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Jimerson Firm

When a borrower applies for a loan, most lenders require the borrower to pledge an asset as security for the repayment of the loan, i.e. collateral. In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. 679.609, Fla.

article thumbnail

SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. The “Recoverable Value” is “the net dollar amount that a prudent lender could reasonably expect to recover by liquidating a particular piece of collateral.” See SOP 50 57. Liquidation Methods.

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 are the Conditions Precedent (if any) to Perfecting a Claim to an Assignment of a Life Insurance Policy as Security Collateral for a Loan?

Jimerson Firm

When lenders take life insurance policies as collateral for loans, they need to be aware of what needs to occur to place a claim in the event their borrower dies. Therefore, it is critical for lenders to confirm that no prior assignment exists on life insurance collateral prior to taking the collateral on as security for a loan.

article thumbnail

10 Common Questions About Bankruptcy

Debt Free Colorado

Are My Creditors capable of appealing My Bankruptcy? Every case is unique, and every case merits the careful consideration of a law firm dedicated to providing specialized bankruptcy solutions. Are there Available Alternatives If You Have a Lot of Debt and don’t Want to File for Bankruptcy? What Can’t Bankruptcy Do?

article thumbnail

JUST IN TIME: NEW BANKRUPTCY RELIEF FOR SMALL BUSINESSES – NEW YORK LAW JOURNAL

Collection Industry News

Creditors will also benefit from the lower costs, quicker proceedings, and increased certainty about the outcome of the process, if at the expense of some leverage. Owners now have a way to keep their equity ownership even over the objection of creditors. This trustee may even interface with creditors in negotiations.