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What Are Preferential Payments in Bankruptcy?

Sawin & Shea

Insider creditors include a friend, family, member, or business associate. 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.

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What Assets Do You Lose in Chapter 7?

Sawin & Shea

For experienced bankruptcy lawyers in Indiana, contact Sawin & Shea, LLC. 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.

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

Hudson Weir

In this guide we’ll explain how secured and unsecured loans work, plus what happens if a company falls into debt or becomes insolvent. To reduce the lender’s risk exposure, a secured business loan provides them with collateral – a company asset. What is an unsecured loan? What is a secured loan?

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What Happens to Investment Real Estate in Bankruptcy?

Sawin & Shea

When filing under Chapter 13, you’re required to pay unsecured creditors — meaning they can’t recover physical property as collateral — the liquidated value of your nonexempt property. Contact an Indianapolis Bankruptcy Attorney. Filing for bankruptcy is often confusing and challenging.

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Does Chapter 13 Wipe All of Your Credit?

Sawin & Shea

If you have additional questions regarding Chapter 13 or Chapter 7 bankruptcy, contact the attorneys at Sawin & Shea, LLC. The reason why creditors prefer you file Chapter 13 is because Chapter 7 bankruptcy discharges unsecured debts after the trustee liquidates nonexempt assets. What Is a Chapter 13 Bankruptcy Filing?

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

Fraser

Such relief may include a request to pay some unsecured creditors (such as employees or “critical vendors”) ahead of others. A creditor may need to file an objection to requested first-day relief to protect its rights. Unsecured creditors whose rights are “impaired” are entitled to vote on a plan, as well as object to it.

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

Debt Free Colorado

The filer maintains all non-exempt property as long as unsecured creditors get the value of the non-exempt asset under the Chapter 13 repayment plan. Rather than that, you will pay an amount equal to the value of the non-exempt property to your unsecured creditors (creditors whose debt is not covered by collateral).