article thumbnail

How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Jimerson Firm

In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. 679.609, Fla. What Does it Mean to “Breach the Peace”?

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.

Insiders

Sign Up for our Newsletter

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

article thumbnail

SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

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.

article thumbnail

What Are Creditors’ Rights During Insolvency Proceedings?

Hudson Weir

Well explain more about the hierarchy of creditors shortly. Creditor hierarchy in a company liquidation The appointed insolvency practitioner must pay every creditor group in full before distributing funds to the next one.

article thumbnail

Football Club racks up record debts of over £60m

UK debt collections

It is also said Derby County owe a further £10m is owed to other “football creditors” Allegedly, over £4m is owed to non-secured creditors, though they are likely to receive much less than the full amount owed to them.

article thumbnail

What Should Construction Contractors Do When a Property Owner Files For Bankruptcy?

Jimerson Firm

The bankruptcy automatic stay prohibits all creditors from proceeding with collection actions, lawsuits, and enforcement of judgments against the debtor. Contractors and subcontractors that have lien rights under applicable construction lien laws may have the ability to assert what is known as a secured claim in bankruptcy.

article thumbnail

Asset seizures: How they work in commercial collections

Collections Law

Once you win your judgment case against someone who owes you money, you should be able to collect on your judgment and move on with your life. As experienced commercial collection attorneys at Law Offices of Alan M. Cohen LLC, we are often called on to assist with commercial collection cases. How does asset seizure work?