ABI
JANUARY 19, 2024
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. In 2017, Allegiance Bank loaned Burts Construction, Inc. Gabriel Eckstein St.
Hudson Weir
SEPTEMBER 11, 2023
What is a secured loan? To reduce the lender’s risk exposure, a secured business loan provides them with collateral – a company asset. Company assets could include anything from equipment and constructions to vehicles and intellectual property. Therefore, secured loans tend to be for larger amounts.
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Hudson Weir
FEBRUARY 28, 2023
Once a firm enters administration, it must pay every creditor group entirely, save for ‘prescribed part’ secured creditors, before funds are distributed to the subsequent creditor. This company property can be anything from equipment and constructions to apparatus, vehicles, and intellectual property.
Troutman Sanders
APRIL 24, 2023
The pro se plaintiff in Shelton alleged that her lender violated the FCRA by erroneously reporting her auto loan as charged-off, i.e., written off as a loss and closed. Americredit Financial Services, Inc. provides a nuts-and-bolts analysis of what does not constitute inaccurate credit reporting for purposes of the FCRA.
Fraser
JUNE 25, 2020
Because debtors require sufficient cash to operate their businesses and pay for the administrative expenses of the chapter 11 process, many seek interim court approval for financing (called “debor-in-possession” or “DIP” financing) and/or the use cash collateral that is subject to a secured creditor’s lien. Walton, Jr.’s
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