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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. The purpose of this article is to make creditors aware of what is and is not possible to do under Florida law. 679.609(1). 679.620(6).

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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.

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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.

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Restructuring And Insolvency: What Is A Restructuring Plan?

Hudson Weir

They were introduced back in 2020 under the Corporate Insolvency and Governance Act. The Corporate Insolvency and Governance Act 2020 was introduced in order to help businesses during the Covid-19 pandemic. Debt restructuring aims to help ease a company’s financial difficulties via an agreement between a company and its creditors.

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Michigan Federal Court Summarily Dismisses FCRA Action Alleging Inaccurate Reporting of Charged-Off Auto Loan

Troutman Sanders

Assuming Article 9 of Michigan’s Uniform Commercial Code (UCC) governing secured transactions applied to the plaintiff’s auto loan, the court reasoned that the defendant, as a secured creditor, was legally entitled to the auction proceeds following the plaintiff’s default. Again, no inaccuracy.

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What Happens To Staff When A Company Goes Into Administration?

Hudson Weir

For a business facing insolvency, administration can provide additional time to tackle debts and some breathing space from creditor claims. Employees keeping their jobs after the first two weeks of administration become preferential creditors. They’re last in line for payments, along with suppliers and other creditors.

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Burr & Forman Names Eight New Partners Across Five Offices

Burr Forman

From Burr & Forman’s Jacksonville office: Armando Nozzolillo is a member of the firm’s Creditors’ Rights and Bankruptcy practice group. For more than a century, Burr & Forman LLP’s experienced legal team has served clients at the intersection of business and government. About Burr & Forman LLP.