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What Happens to Investment Real Estate in Bankruptcy?

Sawin & Shea

When filing under Chapter 13, you’re required to pay unsecured creditors — meaning they can’t recover physical property as collateral — the liquidated value of your nonexempt property. Although this may sound more appealing if you own equity in your investment, there are critical factors you need to consider before filing.

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Five Burr Attorneys Named to Lawdragon’s 2022 “500 Leading Bankruptcy & Restructuring Lawyers” List

Burr Forman

In his bankruptcy practice, Eric focuses on representing creditors, including financial institutions, special servicers, private equity groups, and other non-traditional lenders as well as other secured and unsecured creditors in state and federal court litigation, chapter 11 bankruptcy cases, and in out-of-court workouts and resolutions.

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As Chapter 11 Bankruptcy Filings Surge, Here’s What Creditors Need to Know to Protect and Enforce Their Rights

Fraser

Such relief may include a request to pay some unsecured creditors (such as employees or “critical vendors”) ahead of others. A creditor may need to file an objection to requested first-day relief to protect its rights. Unsecured creditors whose rights are “impaired” are entitled to vote on a plan, as well as object to it.

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Recent Decision on Derivative Standing by a Creditors’ Committee to Challenge a Lender’s Liens

PBWT

In many chapter 11 cases, creditors’ committees can play a vital role in maximizing the recoveries of unsecured creditors. But the powers of creditors’ committees are circumscribed by both the Bankruptcy Code and case law.

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What Is Nonexempt Property In Bankruptcy, And Why Does It Matter?

Debt Free Colorado

The filer maintains all non-exempt property as long as unsecured creditors get the value of the non-exempt asset under the Chapter 13 repayment plan. Rather than that, you will pay an amount equal to the value of the non-exempt property to your unsecured creditors (creditors whose debt is not covered by collateral).

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Dealing With Debt From COVID-19

Debt Free Colorado

They will feel obligated to protect their interest in the collateral (your car) and can move quickly to repossess after only a few missed payments. If you own a home the consequences of a judgment against you are more significant as judgment creditors can place liens against your home. Coronavirus Car Payment Relief Programs.

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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. This amount is then used to give unsecured lenders more chances to recoup a little of their outstanding capital.