Jimerson Firm

NOVEMBER 23, 2020

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.

Collateral 98

Collateral Loans Secured Creditor Lender 98

Jimerson Firm

FEBRUARY 11, 2022

The bankruptcy automatic stay prohibits all creditors from proceeding with collection actions, lawsuits, and enforcement of judgments against the debtor. Instead, the property owner debtor will have the opportunity to either assume or reject the executory construction contract as part of the bankruptcy. See 11 U.S.C. §

Construction 98

Construction Bankruptcy Secured Creditor Debtor 98

Sawin & Shea

NOVEMBER 15, 2023

In the case of a Chapter 7 bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets. If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something.

Unsecured Debt 52

Unsecured Debt Chapter 7 bankruptcy Collateral Bankruptcy 52

Collections Law

DECEMBER 14, 2021

Unfortunately, many debtors do not readily pay up, even with a court order against them. Those methods often include seizing the debtor’s assets. When it comes to debt collection, you or your company seeks to takes control of the debtor’s assets, rather than the government.

Commercial Collection 52

Commercial Collection Collections Debtor Judgment 52

Burr Forman

JANUARY 7, 2022

With 350 attorneys and 19 offices across Florida, Alabama, Delaware, Georgia, Mississippi, North Carolina, South Carolina, and Tennessee, Burr & Forman draws from a diverse range of industry experience and practice knowledge to help clients address their legal needs and achieve their goals.

Bankruptcy 52

Bankruptcy Creditors Secured Creditor Manufacturing 52

BN Lawyers

MARCH 23, 2020

Taking additional debt in that situation just dilutes recovery for creditors and opens management up to potential liability. If so, the company may qualify as a small business debtor under the Small Business Reorganization Act of 2019 (the “ SBA ”). Drawing on secured credit facilities is less of a winning proposition.

Bankruptcy 67

Bankruptcy Creditors Lender Lawyers 67