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What Are Preferential Payments in Bankruptcy?

Sawin & Shea

Which creditors can they pay? Which ones will not get the payment they’re owed? This typically occurs because the debtor doesn’t have the money to pay all of their creditors, so they feel they need to rank which ones are more important to pay first. Insider creditors include a friend, family, member, or business associate.

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What Assets Do You Lose in Chapter 7?

Sawin & Shea

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. That way, you create a payment plan based on your income.

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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. The loan was secured by a lien on “all assets of the debtor, including all accounts.” [1]

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

Hudson Weir

Creditors of a company are categorised as per the below: Secured creditors with a fixed charge Preferential creditors Secured creditors with a floating charge Unsecured creditors (including HMRC debt) Shareholders What is the Order of Payment in Liquidation?

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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. In the event that you’ve missed payments on your investment property, you can pay back what you owe through a Chapter 13 repayment plan.

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Decoding Chapter 12 Bankruptcy: Navigating the 20-Year Treasury Bond Rate vs. National Prime Rate Dilemma in Determining Discount Rates on Secured Creditor Claims

ABI

In a Chapter 12 bankruptcy, the debtor generally proposes a plan for repaying creditors from future earnings. [1] 1] Under a Chapter 12 plan, secured creditors will generally be paid in full, while unsecured creditors will often receive less than full payment. [2] 7] In Farm Credit Services of America v.

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Does Chapter 13 Wipe All of Your Credit?

Sawin & Shea

This is especially the case if you’re behind on your credit payments. The reason why creditors prefer you file Chapter 13 is because Chapter 7 bankruptcy discharges unsecured debts after the trustee liquidates nonexempt assets. Instead, the creditors will consider the unpaid balances as charge-offs, meaning losses.