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Most Concrete Pumping companies do not require collateral for their accounts receivable; however, the Company may file statutory liens or take other appropriate legal action when necessary on construction projects in which collection problems arise. Typically, the Company does not charge interest on past-due trade receivables.
This approach involves taking proactive measures, even when the credit is still in good standing, and the creditor has not yet taken possession of the collateral. This categorisation is pivotal in effectively monitoring the collateral portfolio and ensuring consistent practices when performing valuation calculations.
When underwriting and servicing SBA loans, it is important for lenders and CDCs to ensure appropriate insurance coverages are in place to protect the collateral. As a condition for the loan, the SBA requires borrowers to maintain hazard insurance on all pledged collateral. 13 CFR § 120.160 ; SOP 50 10 5(K). SOP 50 57 2 ; SOP 50 55.
The Bankruptcy Court for the District of Hawaii ruled that the extension was constructively fraudulent, and thus avoidable under Bankruptcy Code section 548. The Makaha Valley project was meant to include two golf courses, a country club, and the development of individual plots surrounding the golf courses for residential construction.
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. In contrast, an unsecured loan provided by a lender does not involve a company asset’s usage as collateral.
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. Proof-of-Claim Bar Date.
Therefore, the plaintiff was collaterally estopped from claiming entitlement to inspect the corporate records. It does not consider the more common situation where a shareholder is “constructively ousted” or “oppressed.”. The post Is a Former Shareholder That Was Ousted from a Corporation Entitled to Inspect the Corporate Records?
In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing.
In evaluating the Texas Business & Commerce Code and title 11 of the United States Code (the “Bankruptcy Code”), the United States Bankruptcy Court for the Southern District of Texas, in In Re Burts Construction, Inc., In 2017, Allegiance Bank loaned Burts Construction, Inc. the “Debtor”) $1.5
This company property can be anything from equipment and constructions to apparatus, vehicles, and intellectual property. Essentially, this group involves people or creditor organisations that offer money but who won’t attain certain assets as collateral. Secured creditors include leasing companies and banks.
Likewise, if you are operating in the construction industry as a subcontractor, materials supplier, or design professional including without limitation architects, and the general contractor fails to pay the debt they owe to you for the services rendered or goods provided, we can help. A mechanics lien serves like collateral.
As experienced collections attorneys, rather than providing a multitude of services to our clients in many different areas of law, we prefer to focus on debt collection and construction litigation with an expanded coverage area, which has resulted in our incredible success in Massachusetts debt collection. A mechanic’s lien is collateral.
Resolution of the case involved interpretation and construction of three related statutory provisions in the Bankruptcy Code, specifically 11 U.S.C. §§ 541, 362, and 542, which govern property of the estate, the automatic stay, and turnover, respectively. General Motors Acceptance Corp. , 3d 699 (7th Cir. quoting Citizens Bank of Md.
The original assignor of a mortgage that has been collaterally assigned cannot bring a foreclosure action without the knowledge and consent of the assignee. The servicer may submit evidence of an assignment from the payee to the plaintiff or an affidavit of ownership to prove its status as a holder of the note. Servedio v. US Bank Nat.
Businesses need collateral for secured loans, which can come in different forms: Asset-backed loans. Collateral can be real property or liquid assets. As lenders can seize the collateral, secured loans are generally easier to approve for businesses without a lot of credit or financial history. Commercial property loans.
Acis LP”) is a Delaware limited partnership investment adviser and collateralized loan obligation (“CLO”) manager. [4] 21] Here, the court noted that the counterclaims were seeking avoidance of actual and constructive fraudulent transfers, along with turnover of property of the estate for unauthorized overpayments. [22]
On November 30, crypto exchange Binance announced it has introduced a pilot program enabling banks to store trading collateral off-exchange, a move aimed at reducing counterparty risk. On November 21, the CFPB announced that it approved an application that marks the first step for piloting disclosures for construction loans.
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