article thumbnail

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). In Hohns v.

article thumbnail

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

Hudson Weir

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. Secured creditors include leasing companies and banks.

Insiders

Sign Up for our Newsletter

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

article thumbnail

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. We have also written previously about the difference between a CVA and CVL – a Creditors’ Voluntary Liquidation.

article thumbnail

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.

Loans 52
article thumbnail

Asset seizures: How they work in commercial collections

Collections Law

When it comes to debt collection, you or your company seeks to takes control of the debtor’s assets, rather than the government. Search for secured creditors – Before you seize your debtor’s property, you want to make sure another creditor does not have a lien on that property, or you could become liable for that debt.

article thumbnail

What Is An Insolvent Estate? All You Need To Know

Hudson Weir

The administration of an insolvent estate is governed by the Administration of Insolvent Estates of Deceased Persons Order 1986 (DPO 1986), and must be done according to specific rules and regulations. The creditors will then be repaid using funds from the estate in the following order of priority: Secured creditors (e.g.

article thumbnail

Burr & Forman Names Eight New Partners Across Five Offices

Burr Forman

He represents various financial institutions, creditors, landlords, and other parties in all aspects of loan modifications and restructuring, commercial foreclosures, enforcement of security interests and domestic and foreign judgments, Chapter 7 and 11 bankruptcies, and creditors’ rights litigation. About Burr & Forman LLP.