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Can a Secured Creditor Refuse to Sell the Collateral?

Jimerson Firm

Any secured creditor, large or small, may encounter a situation in which it is preferable to retain or recover the collateral in a transaction without having to sell the collateral itself. However, many will be unaware of the precise procedure and requirements for retaining the collateral itself. 679.609(1).

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Governing a Community Association through COVID-19: Common Elements

Jimerson Firm

Executive Order 2020-244 was entered on September 25, 2020 and sets forth an express right to work and operate a business, sets forth and that no local government can restrict indoor capacity of a restaurant to less than fifty percent (50%).

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Considerations When Closing a Small Business with PPP or EIDL Debt

Jimerson Firm

We do know, however, that PPP loan and EIDL default will have some impact and that the impact will be primarily related to the size of the outstanding government loan(s). When a business defaults on a loan with the federal government, the government “lender” may report the business to credit scoring companies.

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Can I File Bankruptcy on Just My Credit Cards?

Sawin & Shea

Briefly, unsecured debts are not backed by any collateral and include things like credit card balances and unpaid medical bills. However, secured debt means the borrower has put up collateral (e.g. However, secured debt means the borrower has put up collateral (e.g. When Should I Consider Declaring Bankruptcy?

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How Much Debt is Needed to File for Bankruptcy?

Sawin & Shea

Unsecured debts refer to debts that don’t have collateral. Secured debts refer to debts with collateral, like house payments and car payments. If you default on your payments, you could lose your car or house because they serve as collateral. Firstly, you need to understand the difference between unsecured and secured debts.

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Post-Default Environmental Risk Management for SBA Lenders

Jimerson Firm

Environmental Investigations are required, for example, before a lender or CDC can acquire the title to commercial real property collateral by purchasing it at a foreclosure sale or accepting a deed-in-lieu of foreclosure, or taking over the operation of a borrower’s business that uses a hazardous substance. What Are Environmental Risks?

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Idaho’s Digital Asset Act Excludes Cryptocurrency From Securities Laws

Troutman Sanders

The bill amends Title 28 of the Idaho Code, which governs commercial transactions generally, to include a new chapter dedicated to regulation of digital assets. For example, Secured Party 1 lends money to Borrower A, and in exchange, Borrower A agrees to transfer a digital asset as collateral to Secured Party 1.