article thumbnail

What Should Construction Contractors Do When a Property Owner Files For Bankruptcy?

Jimerson Firm

A construction project to a screeching halt when a property owner files for bankruptcy, creating a serious risk of substantial losses for the contractor, as well as subcontractors and suppliers. The list of creditors receiving the Notice should include the general contractor of an incomplete construction project. See 11 U.S.C.

article thumbnail

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

Fraser

Creditors of a bankrupt company must be aware of the various deadlines and procedures that govern the chapter 11 process in order to protect and enforce their rights. For creditors to maximize their recoveries, they must stay informed and take action during a bankruptcy proceeding. First Day” Motions. Proof-of-Claim Bar Date.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

Hudson Weir

Those the business owes money to are known as creditors. In this blog, let’s look at which creditors are paid first if the organisation ultimately becomes insolvent and its assets are sold to repay the balance due (a winding-up or liquidation). Secured creditors include leasing companies and banks.

article thumbnail

A Primer on Avoidance Actions in the Context of Crypto Bankruptcies

PBWT

A big question in these cases is whether there will be any money to satisfy unsecured creditor claims. If there are funds to distribute, then the creditors’ claims will become more valuable, and the cases will become even more interesting. In 2022, there were several high-profile crypto bankruptcy filings.

article thumbnail

The Rights of a Prepetition Lien Holder Against Postpetition Proceeds from a Sale of Real Property

ABI

In evaluating the Texas Business & Commerce Code and title 11 of the United States Code (the “Bankruptcy Code”), the United States Bankruptcy Court for the Southern District of Texas, in In Re Burts Construction, Inc., held that a secured creditor has the right to receive monetary payment for property sales based on its lien on “accounts.”

article thumbnail

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

Hudson Weir

Company assets could include anything from equipment and constructions to vehicles and intellectual property. Once a business is insolvent, directors’ duty must shift towards the company creditors – that includes any providers of unsecured or secured loans. What is a secured loan?

Loans 52
article thumbnail

How to Prevent Bad Debts in 2023. Tips from a Debt Collector

Debt Recoveries

The client might not have the cash on hand to pay right away (this is a concern in the construction sector where milestone payments are typical or in the rural / farming sector where income is dependant on seasonal crop harvesting). . As a result, it is significantly safer than an unsecured creditor in the case of insolvency. .