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Many securedcreditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. Broward Bank, 599 So. Dania Bank , 321 So. When Should Creditors use Replevin to Recover Collateral?
When a borrower applies for a loan, most lenders require the borrower to pledge an asset as security for the repayment of the loan, i.e. collateral. In the event the borrower defaults, usually by failing to make loan payments, a securedcreditor has a right to take possession of the collateral. 679.609, Fla.
Any securedcreditor, 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).
When lenders take life insurance policies as collateral for loans, they need to be aware of what needs to occur to place a claim in the event their borrower dies. Therefore, it is critical for lenders to confirm that no prior assignment exists on life insurance collateral prior to taking the collateral on as security for a loan.
When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. The “Recoverable Value” is “the net dollar amount that a prudent lender could reasonably expect to recover by liquidating a particular piece of collateral.” See SOP 50 57. Liquidation Methods.
Foreclosures in Florida are judicial, meaning the securedcreditor must file a lawsuit. 1) The Mobile Home Existed at the Time of the Mortgage and Is Identified as Collateral in the Mortgage Documents. 2) The Mobile Home Did Not Exist at the Time of the Mortgage and Is Not Listed as Collateral in the Mortgage Documents.
Secured loans or unsecured loans are crucial for many businesses, providing the investment they need to achieve their objectives and grow. According to the British Business Bank , there was a 12.8% increase in gross bank lending to SMEs between 2021 and 2022. But what’s the difference between secured loans and unsecured ones?
Environmental Investigations are required, for example, before a lender or CDC can acquire the title to commercial real property collateral by purchasing it at a foreclosure sale or accepting a deed-in-lieu of foreclosure, or taking over the operation of a borrower’s business that uses a hazardous substance. What Are Environmental Risks?
Secured and unsecured debt is handled differently in Chapter 7 vs. Chapter 13. What is Secured Debt? Secured debts are a type of debt backed by an asset that is used as collateral. However, if you file for bankruptcy, it can put a pause on debt collection, including actions by securedcreditors.
Once a firm enters administration, it must pay every creditor group entirely, save for ‘prescribed part’ securedcreditors, before funds are distributed to the subsequent creditor. Securedcreditors include leasing companies and banks.
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 securedcreditor’s lien. Walton, Jr.’s
held that a securedcreditor has the right to receive monetary payment for property sales based on its lien on “accounts.” The Bankruptcy Court further held the securedcreditor's prepetition lien on accounts did not extend to proceeds from court-approved postpetition sale of real property. 1] In re Burts Constr.,
If the payments were made to an insider creditor, the preference period changes from 90 days to within one year of filing. Secured vs. Unsecured Creditor A securedcreditor has a lien of some kind on a debtor’s property. Unsecured creditors lend money without any collateral. Family members.
Banks can seize business assets and liquidate as a last resort to cut their losses. Debt can also be secured using intellectual property, equity, and other soft debt. Missing payments on secured debt causes the creditor to repossess the property as recourse. SecuredCreditors. Unsecured Creditors.
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